IC-NRLF 


H&3 


THE 


PUBLIC  SCHOOL  LAW 


OF 


NORTH  CAROLINA 


BEING 


CHAPTER  95,  CONSOLIDATED  STATUTES 
OF  NORTH  CAROLINA 


TOGETHER  WITH 

DECISIONS  OF  THE  STATE  SUPERINTENDENT 
OF  PUBLIC  INSTRUCTION 


RALEIGH 

ISSUED  FROM  THE  OFFICE  OF 

STATE  SUPEBINTENDENT  OF  PUBLIC  INSTRUCTION 

1919 


-TtenJCVCoj 

1    V 

THE 


PUBLIC  SCHOOL  LAW 


NORTH  CAROLINA 


BEING 


CHAPTER  95,   CONSOLIDATED   STATUTES 
OF  NORTH  CAROLINA 


TOGETHER    WITH 

DECISIONS  OF  THE  STATE  SUPERINTENDENT 
OF  PUBLIC  INSTRUCTION 


RALEIGH 

ISSUED  FROM  THE  OFFICE  OF 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

1919 


PREFATORY  NOTE 


This  compilation  of  the  Public  School  Laws  of  North  Carolina  is 
issued  in  this  form  in  accordance  with  section  5392  of  the  Consolidated 
Statutes  of  North  Carolina. 

It  is  an  exact  copy  of  chapter  95  of  the  Consolidated  Statutes  which 
embodies  all  laws  and  amendments  relating  to  public  education  that  have 
been  enacted  up  to  date. 

In  addition  to  the  public  laws,  one  thousand  copies  of  this  pamphlet 
contain  an  index  of  Public-Local  and  Private  School  legislation  which, 
with  the  exception  of  the  enactments  of  the  Legislature  of  1919,  was 
prepared  by  the  State  Educational  Commission. 


State  Superintendent  of  Public  Instruction. 


RALEIGH,  November,  1919. 


IITCHELL    PRINTING    CO..    RALE1 


as 
a 

EDUCATION  IN  OUR  CONSTITUTION 


Article  IX  of  the  Constitution  of  North  Carolina  relates  to  education.  -It 
reads  as  follows : 

SECTION  1.  Religion,  morality,  and  knowledge  being  necessary  to  good  gov- 
ernment and  the  happiness  of  mankind,  schools  and  the  means  of  education 
shall  forever  be  encouraged.  "'!•>'>' 

SEC.  2.  The  General  Assembly,  at  its  first  session  under /tlk  Coiasfeitutiori, 
shall  provide  by  taxation  and  otherwise  for  a  general  and  unif orav 
of  public  schools,  wherein  tuition  shall  be  free  of  charge -to  $}\  trie  Vk'i 
of  the  State  between  the  ages  of  six  and  twenty-one  years.  And  the  children 
of  the  white  race  and  the  children  of  the  colored  race  shall  be  taught  in 
separate  public  schools;  but  there  shall  be  no  discrimination  in  favor  of  or 
to  the  prejudice  of  either  race. 

SEC.  3.  Each  county  of  the  State  shall  be  divided  into  a  convenient  number 
of  districts,  in  which  one  or  more  public  schools  shall  be  maintained  at  least 
six  months  in  every  year ;  and  if  the  commissioners  of  any  county  shall  fail 
to  comply  with  the  aforesaid  requirements  of  this  section  they  shall  be  liable 
to  indictment. 

SEC.  4.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may  be 
granted  by  the  United  States  to  this  State  and  not  otherwise  appropriated  by 
this  State  or  the  United  States,  also  all  money,  stocks,  bonds  and  other  prop- 
erty now  belonging  to  any  State  fund  for  purposes  of  education,  also  the  net 
proceeds  of  all  sales  of  the  swamp  lands  belonging  to  the  State,  and  all  other 
grants,  gifts  or  devises  that  have  been  or  hereafter  may  be  made  to  the  State 
and  not  otherwise  appropriated  by  the  State  or  by  the  terms  of  the  grant, 
gift  or  devise,  shall  be  paid  into  the  State  Treasury,  and,  together  with  so 
much  of  the  ordinary  revenue  of  the  State  as  may  be  by  law  set  apart  for  that 
purpose,  shall  be  faithfully  appropriated  for  establishing  and  maintaining  in 
this  State  a  system  of  free  public  schools,  and  for  no  other  uses  or  purposes 
whatsoever. 

SEC.  5.  All  moneys,  stocks,  bonds,  and  other  property  belonging  to  a  county 
school  fund,  also  the  net  proceeds  from  the  sale  of  estrays,  also  the  clear  pro- 
ceeds of  all  penalties  and  forfeitures  and  of  all  fines  collected  in  the  several 
counties  for  any  breach  of  the  penal  or  military  laws  of  the  State,  and  all 
moneys  which  shall  be  paid  by  persons  as  an  equivalent  for  exemption  from 
military  duty  shall  belong  to  and  remain  in  the  several  counties  and  shall  be 
faithfully  appropriated  for  establishing  and  maintaining  free  public  schools 
in  the  several  counties  in  this  State:  Provided,  that  the  amount  collected  in 
each  county  shall  be  annually  reported  to  the  Superintendent  of  Public  In- 
struction. 

SEC.  6.  The  General  Assembly  shall  have  power  to  provide  for  the  election 
of  trustees  of  the  University  of  North  Carolina,  in  whom,  when  chosen,  shall 
be  vested  all  the  privileges,  rights,  franchises  and  endowments  thereof  in 
any  wise  granted  to  or  conferred  upon  the  trustees  of  said  University ;.  and 
the  General  Assembly  may  make  such  provisions,  laws  and  regulations  from 
time  to  time  as  may  be  necessary  and  expedient  for  the  maintenance  and  man- 
agement of  said  University. 


736626 


4  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

SEC.  7.  The  General  Assembly  shall  provide  that  the  benefits  of  the  Uni- 
versity, as  far  as  practicable,  be  extended  to  the  youth  of  the  State  free  of 
expense  for  tuition;  also  that  all  the  property  which  has  heretofore  accrued 
to  the  State  or  shall  hereafter  accrue  from  escheats,  unclaimed  dividends  or 
distributive  shares  of  the  estates  of  deceased  persons  shall  be  appropriated 
to  the  use  of  the  University. 

SEC.  8.     The  Governor,  Lieutenant-Governor,  Secretary  of  State,  Treasurer, 
Auditor,    Superintendent   of   Public   Instruction,    and   Attorney-General    shall 
*Sa£stitute  a, State  Board  of  Education. 

2  '"Sec.  9*  \Th:e:SpveFnor  shall  be  president  and  the  Superintendent  of  Public 
Iijstrjuction,  .shall,  be  secretary  of  the  Board  of  Education. 
;  *^9C;10.*  '^ie  Bea'rd.  of  Education  shall  succeed  to  all  the  powers  and  trusts 
of  the  president  and  directors  of  the  literary  fund  of  North  Carolina,  and 
shall  have  full  power  to  legislate  and  make  all  needful  rules  and  regulations 
in  relation  to  free  public  schools  and  the  educational  fund  of  the  State;  but 
all  acts,  rules  and  regulations  of  said  board  may  be  altered,  amended,  or 
repealed  by  the  General  Assembly,  and  when  so  altered,  amended  or  repealed 
they  shall  not  be  reenacted  by  the  board. 

SEC.  11.  The  first  session  of  the  Board  of  Education  shall  be  held  at  the 
capital  of  the  State  within  fifteen  days  after  the  organization  of  the  State 
Government  under  this  Constitution ;  the  time  of  future  meetings  may  be 
determined  by  the  board. 

SEC.  12.  A  majority  of  the  board  shall  constitute  a  quorum  for  the  trans- 
action of  business. 

SEC.  13.  The  contingent  expenses  of  the  board  shall  be  provided  by  the 
General  Assembly. 

SEC.  14.  As  soon  as  practicable  after  the  adoption  of  this  Constitution  the 
General  Assembly  shall  establish  and  maintain  in  connection  with  the  Uni- 
versity a  department  of  agriculture,  of  mechanics,  of  mining  and  of  normal 
instruction. 

SEC.  15.  The  General  Assembly  is  hereby  empowered  to  enact  that  every 
child  of  sufficient  mental  and  physical  ability  shall  attend  the  public  schools 
during  the  period  between  the  ages  of  six  and  eighteen  years  for  a  term  of 
not  less  than  sixteen  months,  unless  educated  by  other  means. 


SEC.  27.  The  people  have  the  right  to  the  privilege  of  education,  and  it  is 
the  duty  of  the  State  to  guard  and  maintain  that  right. — Bill  of  Rights,  North 
Carolina  Constitution. 

Article  II,  section  29 : 

The  General  Assembly  shall  not  pass  any  local,  private,  or  special  act  or 
resolution :  "Erecting  new  townships,  or  changing  township  lines,  or  establish- 
ing or  changing  the  lines  of  school  districts." 

EDUCATIONAL   QUALIFICATION   FOB   SUFFRAGE 

Article  VI,  section  4,  of  the  Constitution  of  North  Carolina,  contains  the 
following : 

Every  person  presenting  himself  for  registration  shall  be  able  to  read  and 
write  any  section  of  the  Constitution  in  the  English  language;  and  before 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA        .  5 

he  shall  be  entitled  to  vote  he  shall  have  paid,  on  or  before  the  first  day  of 
May  of  the  year  in  which  he  proposes  to  vote,  his  poll  tax  for  the  previous 
year,  as  prescribed  by  Article  V,  section  1,  of  the  Constitution.  But  no  male 
person  who  was,  on  January  1,  1867,  or  at  any  time  prior  thereto,  entitled 
to  vote  under  the  laws  of  any  State  in  the  United  States  wherein  he  tfieir~ 
resided,  and  no  lineal  descendant  of  any  such  person,  shall  be  denied  the 
right  to  register  and  vote  at  any  election  in  this  State  by  reason  of  his  failure 
to  possess  the  educational  qualifications  herein  prescribed :  Provided,  he  shall 
have  registered  in  accordance  with  the  terms  of  this  section  prior  to  Decem- 
ber 1,  1908. 


CHAPTER  95 

EDUCATION 

SUBCHAPTER  I.     APPLICATION  OF  CHAPTER 

ART.  1.     CERTAIN  SCHOOLS  EXCEPTED  AND  REGULATED. 

5383.  Application  of  chapter. 

SUBCHAPTER  II.     ADMINISTRATIVE  ORGANIZATION 
ART.  2.    THE  STATE  BOARD  OP  EDUCATION. 

5384.  Incorporation  and  general  corporate  powers. 

5385.  Succeeds  to  "president  and  diiectors  of  literary  fund  of  North  Carolina. 

5386.  Officers  ;  quorum  ;  meetings  ;  expenses. 

5387.  Record  of  proceedings. 

5388.  Reports  to  general  assembly. 

5389.  Investments. 

5390.  State  treasurer  keeps  accounts  of,  and  reports  to  general  assembly. 

ART.  3.    STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

5391.  Office  at  capitol ;  copies  of  papers  therein. 

5392.  Powers  and  duties. 

ART.  4.    STATE  BOARD  FOR  VOCATIONAL  EDUCATION. 

5393.  State  board  for  vocational  education  created. 

5394.  Powers  and  duties  of  board. 

5395.  State  superintendent  to  enforce  article. 

5396.  Cooperation  of  county  authorities  with  state  board  ;  funds. 

5397.  Report  to  governor. 

ART.  5.  COLLEGE  COMMISSION  REGULATING  DEGREES. 

5398.  Right  to  confer  degrees  restricted. 

5399.  College  commission  created ;  investigation. 

5400.  Commission  empowered  to  grant  license  to  confer  degrees. 

5401.  Inspection  of  institution ;  revocation  of  license. 

ART.  6.    COUNTY  BOARD  OF  EDUCATION. 

5402.  Incorporation ;  general  powers. 

5403.  Local  variation  as  to  number  of  members  of  county  boards. 

5404.  Nominations  by  county  primaries  ;  elections  by  general  assembly. 

5405.  County  board  of  elections  to  provide  for  nominations. 

5406.  Members  to  qualify. 

5407.  Vacancies  in  nominations. 

5408.  Vacancies  in  office. 

5409.  Eligibility  for  the  office. 

5410.  Meetings  of  board ;  duties  thereat. 

5411.  July  meeting  with  county  superintendent  and  treasurer ;  business  thereat. 

5412.  Powers  ;  school  control. 

5413.  Power  to  permit  pupils  to  attend  high  school  of  adjoining  county. 

5414.  Powers  ;  removing  county  school  officials. 

5415.  Powers  ;  building  and  contracting  for  new  schoolhouses. 

5416.  Powers  ;  school  property. 

5417.  Powers  ;  suits  and  actions. 

5418.  Power  to  subpoena  and  to  punish  for  contempt. 

5419.  Witness  failing  to  testify  misdemeanor. 

5420.  Appeals  to  board  from  county  officers. 

5421.  Superior  court  to  review  board's  action. 

5422.  Deeds  to  property  purchased. 

5423.  Deeds  to  property  sold. 

ART.  7.    COUNTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

5424.  Election  ;  term  of  office. 

5425.  Eligibility. 

5426.  Not  to  teach  ;  to  reside  in  county. 

5427.  To  take  oath  of  office. 

5428.  Vacancies. 

5429.  Election  reported  to  state  superintendent. 

5430.  Joint  appointment  in  adjoining  counties. 

5431.  Joint  employment  by  districts  in  cities  and  towns. 

5432.  Advises  with  teachers  ;  may  suspend  teachers. 

5433.  Administers  oaths  to  teachers  and  school  officials. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  7 

5434.  Must  visit  schools. 

5435.  Holds  teachers'  meetings. 

5436.  Attends  meetings  of  state  and  district  associations  of  superintendents. 

5437.  Looks  after  fines,  forfeitures,  and  penalties. 

5438.  Is  secretary  to  county  board. 

5439.  Distributes  blanks  and  books. 

5440.  Provides  for  committee's  reports  on  deaf,  dumb,  and  blind  children. 

5441.  Reports  monthly  to  county  board. 

5442.  Reports  annually  to  state  superintendent ;  contents  of  report. 

5443.  Removal  for  nonperformance  of  duties. 

ART.  8.    TREASURER  OF  THE  COUNTY  SCHOOL  FUND. 

5444.  County  treasurer  is. 

5445.  Bond. 

5446.  Action  on  bond,  state  on  relation  of  county  commissioners. 

5447.  Receives  and  disburses  school  funds. 

5448.  Keeps  account  of  receipts  ;  receives  only  money. 

5449.  Keeps  account  with  each  township  and  district. 

5450.  Disbursements. 

5451.  Annual  report  to  state  superintendent. 

5452.  Report  to  county  board. 

5453.  Exhibits  books,  vouchers,  and  money  to  county  board. 

5454.  Duties  on  expiration  of  term. 

5455.  Where  treasurer's  office  abolished,  banks,  etc.,  to  report. 

5456.  Treasurers  of  school  fund  failing  to  report  a  misdemeanor. 

ART.  9.     SCHOOL  COMMITTEE. 

5457.  Membership  ;  appointment. 

5458.  Term  of  office. 

5459.  Oath  of  office. 

5460.  Vacancies. 

5461.  Eligibility. 

5462.  Compensation  of  members. 

5463.  Organization  of  committee. 

5464.  Powers  as  to  school  property. 

5465.  Lease  of  school  grounds  in  cities  or  towns  to  municipalities  for  park  purposes. 

5466.  Powers  ;  purchase  of  supplies. 

5467.  Keeps  record  of  receipts,  expenditures,  and  contracts. 

5468.  Reports  to  board  on  schoolhouses  and  school  property. 

ART.  10.    SCHOOL  DISTRICTS. 

5469.  County  board  divides  territory  into  school  districts. 

5470.  May  be  formed  of  portions  of  contiguous  townships. 

5471.  By  agreement  formed  of  portions  of  contiguous  counties. 

5472.  Limitations  on  creation  of  new  districts. 

5473.  Redistricting  and  consolidating. 

5474.  Changing  boundaries. 

5475.  Provision  for  transportation  of  pupils  in  consolidated  districts. 

5476.  Interchange  of  pupils  by  counties. 

5477.  Credits  on  tuition  to  nonresidents  whose  children  attend  in  district. 

5478.  Enlargement  of  graded  school  districts  in  towns. 

6479.  Incorporation  and  boundaries  of  graded  school  districts. 

SUBCHAPTER  III.     REVENUE ;  SOURCES  AND  APPORTIONMENT 
ART.  11.    STATE  PUBLIC  SCHOOL  FUND. 

5480.  State  literary  fund. 

5481.  The  state  public  school  fund. 

5482.  Apportionment  of  state  public  school  fund. 

5483.  Reduction  of  special  county  and  district  taxes. 

5484.  Manner  of  payment. 

5485.  County  board  to  submit  budget  to  state  superintendent;  special  county  tax  for  six 

months  term. 

6486.  County  commissioners  to  levy  required  tax  for  six  months  school  term. 

6487.  Incidental  expense  fund. 

6488.  Procedure  in  case  of  disagreement  or  refusal  of  county  commissioners  to  levy  school 

tax. 
5489.  Consolidation  of  districts  ;  elimination  of  small  schools. 

6490.  Requirements  necessary  to  receive  state  fund. 

6491.  Appropriations    for   superintendent   of    colored    normal   school,    board    of   examiners, 

rural  libraries. 

6492.  Appropriation  for  teacher-training. 

ART.  12.    COUNTY  SCHOOL  BUDGET  AND  TAXES. 
5493.  County  school  budget  required ;  contents. 
6494.  Teacher's  salary  fund  ;  basis  of  estimate. 

5495.  Incidental  expense  fund  ;  basis  of  estimate. 

5496.  Building  fund  ;  estimate. 

5497.  Lists  of  fines  and  penalties  filed  with  county  boards   of  education. 

6498.  Tax  lists  to  have  separate  columns  for  school  taxes. 

6499.  Register  to  furnish  abstracts  of  lists  to  county  board. 


8  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5500.  Sheriff's  liability,  civil  and  criminal,  for  failure  to  settle  school  tax. 

5501.  Fiscal  school  year. 

ART.  13.     FEDERAL  AND  STATE  COOPERATION. 

5502.  Acceptance  of  benefits  of  federal  vocational  education  act. 

5503.  State  appropriation  equal  to  federal  appropriation. 

5504.  State  treasurer  authorized  to  receive  and  disburse  vocational  education   fund. 

ART.  14.  SPECIAL  COUNTY  SCHOOL  TAX. 

5505.  Election  upon  petition  of  county  board  of  education. 

5506.  Rules  governing  election. 

5507.  Levy  and  collection  in  county. 

5508.  Reduction  of  special  local  tax  levy  in  district. 

5509.  Subsequent  elections  upon  failure  of  first. 

5510.  Payment  of  election  expenses. 

ART.  15.     SPECIAL  HIGH  SCHOOL  TOWNSHIP  TAX. 

5511.  Election  upon  petition  of  freeholders. 

5512.  Rules  governing  election ;  tickets. 

5513.  Levy  and  collection. 

5514.  Money  to  be  expended  by  high  school  committee. 

5515.  Powers,  duties,  and  qualifications  of  committee. 

5516.  School  may  be  established  without  special  tax. 

5517.  Elementary  branches  may  be  taught ;  other  funds  may  be  apportioned. 

5518.  High  school  subjects  may  be  taught  in  public  schools. 

ART.  16.    SPECIAL  CITY  OR  TOWN  TAX. 

5519.  Election  upon  petition  of  freeholders. 

5520.  Rules  governing  election  ;  tickets. 

5521.  Levy  and  collection. 

5522.  Money  to  be  expended  by  city  or  town  school  committee. 

ART.  17.    SPECIAL  TAX  IN  SCHOOL  DISTRICTS  CONTAINING  CITIES  OR  TOWNS. 

5523.  Election  upon  petition  ;  conduct  of  election ;  result ;  use  of  power. 

5524.  Time  of  elections  and  levy ;  frequency  of  elections. 

5525.  Limit  of  aggregate  tax  rate. 

ART.  18.    SPECIAL  TAX  IN  SPECIAL  SCHOOL  DISTRICTS. 

5526.  Election  for  special  tax  districts  on  petition  of  freeholders. 

5527.  Rules  governing  election  ;  tickets. 

5528.  Levy  and  collection. 

5529.  Special  districts  from  portions  of  contiguous  counties. 

5530.  Enlargement  of  special  district  upon  election. 

5531.  Abolition  of  district  upon  election. 

5532.  Special  district  in  debt  may  not  be  abolished. 

5533.  Election  for  abolition  not  oftener  than  once  in  two  years. 

5534.  Special  tax  levy  restored  at  any  time  in  abolished  district. 

5535.  Increasing  levy  in  special  district,  where  inadequate. 

5536.  Money  to  be  expended  by  school  committee. 

SUBCHAPTER  IV.     PUBLIC  SCHOOL  SYSTEM  AND  INSTRUCTION 
ART.  19.     GENERAL  SCHOOL  SYSTEM. 

5537.  Constitutional  provisions. 

5538.  Separation  of  races. 

5539.  Women  on  school  boards. 

5540.  Closing  schools  for  nonattendance. 

5541.  Branches  taught. 

5542.  Fire  prevention  to  be  taught. 

ART.  20.     ARBOR  DAY. 

5543.  Arbor  day  designated. 

5544.  Governor  to  make  proclamation  for  observance  by  schools. 

5545.  State  superintendent  to  provide  for  observance. 

ART.  21.     SEPARATE  SCHOOLS  FOR  INDIANS  IN  CERTAIN  COUNTIES. 

5546.  Indians  subject  to  article  designated. 

5547.  To  have  separate  schools. 

5548.  Duty  of  county  board. 

5549.  Right  to  attend  school  in  other  districts. 

5550.  Pro  rata  share  of  school  fund  kept  separate. 

5551.  Application  of  general  school  law. 

ART.  22.     INSTRUCTION  IN  TEMPERANCE. 

5552.  Minimum  of  instruction  ;  how  and  when  given. 

5553.  Gradations  and  regulations  as  to  text-books. 

5554.  Training  of  teachers  for  this  instruction. 

5555.  Enforcement  of  temperance  instruction. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  9 

ART.  23.  INSTRUCTION  IN  AGRICULTURE,  MANUAL  TRAINING,  AND  HOME  ECONOMICS. 

5556.  State  superintendent  to  prepare  courses  and  publish  bulletins. 

5557.  Bulletins  furnished  without  cost. 

5558.  Time  given  to  subjects  for  different  classes  of  schools. 

5559.  School  credits  for  outside  work. 

5560.  Lands  for  demonstration  work. 

5561.  Examination  and  training  of  teachers. 

5562.  All  teachers  may  be  examined. 

5563.  All  schools  required  to  give  courses. 

5564.  Town  schools  exempted. 

5565.  Reports  by  county  superintendents. 

ART.  24.     COUNTY  FARM-LIFE  SCHOOLS. 

5566.  Establishment  of  school  in  county. 

5567.  Aim  of  school  and  course  of  study. 

5568.  Board  of  trustees  ;  appointment ;  terms  ;  vacancies. 

5569.  Qualification  and  organization  of  board. 

5570.  Location  of  school. 

5571.  Buildings  ;  farm  ;  maintenance. 

5572.  Authority  to  accept  erected  school  building. 

5573.  Election  in  county  to  establish  schools. 

5574.  Issuance  of  bonds. 

5575.  Township  election  to  secure  location. 

5576.  Township  bonds  to  secure  location. 

5577.  Election  by  contiguous  townships  to  secure  location. 

5578.  Election  in  townships  to  establish  on  failure  of  county  election. 

5579.  Provisions  for  township  school  becoming  county   farm-life  school. 

5580.  High  school  department  in  connection  with  county  farm-life  school. 

5581.  Certification  of  teachers. 

5582.  Agricultural  and  farm-life  extension  and  demonstration. 

5583.  Short  courses  for  adults. 

5584.  Admission  of  students  from  other  counties. 

5585.  Treasurer  of  county  farm-life  school ;  compensation. 

5586.  Incorporation  and  powers. 

5587.  Appropriation  of  state  funds  ;  number  of  schools. 

5588.  County  board  may  supplement  funds. 

ART.  25.     FARM-LIFE  INSTRUCTION  IN  COUNTY  HIGH  SCHOOLS. 

5589.  County  high   schools   may  maintain   departments   of    instruction    in   agriculture    and 

domestic  science. 

5590.  Boards  of  trustees  of  such  school. 

5591.  Selection  and  location  of  school. 

5592.  Maintenance  of  schools  ;  buildings  and  equipment. 

5593.  Purpose  of  school  and  course  of  study. 

5594.  Faculty  and  schedule  of  work. 

5595.  Authority  of  high  school  principal. 

5596.  Qualifications  of  teachers. 

5597.  Students  from  other  counties. 

5598.  Agricultural  farm-life  and  extension  work. 

5599.  Appropriation  by  state. 

5600.  Share  of  state  appropriation   for  agriculture  and   domestic   science  education  to  be 

paid  to  county  adopting  this  plan. 

5601.  County  appropriation  ;  limitations. 

ART.  26.     KINDERGARTENS. 

5602.  Election  as  to  kindergartens  and  special  tax. 

5603.  Qualifications  of  kindergarten  teachers. 

ART.  27.     CHILDREN  AT  ORPHANAGES. 

5604.  Children  in  orphanages  permitted  to  attend  public  schools  ;  expenses. 

5605.  County  board  to  provide  for  expense  in  budget. 

5606.  After  six   months,   tuition   fees   may  be   charged. 

ART.  28.     INSTRUCTION  OF  ILLITERATES. 

5607.  School  for  adult  illiterates  ;  appropriation. 

5608.  Funds  provided. 

5609.  Expenses  of  organization  and  direction. 

ART.  29.     CONTRACTS  WITH  PRIVATE  SCHOOLS. 

5610.  Contract  between  school  committee  and  teacher  of  private  school. 

5611.  Teacher  may  be  paid  out  of  school  funds. 

5612.  To  have  certificate  and  to  report. 

5613.  County  superintendent  to  employ  and  dismiss. 

5614.  Contract  to  designate  minimum  term. 

5615.  Limit  on  amount  paid  school  under  contract. 

5616.  Aided  schools  to  be  public  schools. 

5617.  Tuition  for  higher  instruction  ;  adult  pay  students. 


10  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

ART.  30.    RURAL  LIBRARIES. 

5618.  How  established. 

5619.  Management. 

5620.  Donation  by  state  board. 

5621.  Books  and  bookcases. 

5622.  Rules  by  state  superintendent. 

5623.  Exchange  of  libraries. 

5624.  Enlargement  of  libraries. 

5625.  Limitation  on  number  of  libraries. 

5626.  New    libraries    established    regardless    of    previous    number    with    funds    previously 

appropriated. 

5627.  General  appropriations  of  additional  state  funds. 

5628.  Exclusion  of  cities  and  towns  from  benefits  of  article. 

ART.  31.    SCHOOL  EXTENSION  WORK. 

5629.  Moving  pictures  for  rural  communities ;  cost. 

5630.  State  superintendent  to  supply  information   and   provide   for   entertainments  ;   com- 

munity deposit. 

5631.  Health  and  agricultural  authorities  to  cooperate. 

5632.  Appropriation. 

SUBCHAPTER  V.     TEACHERS,   TRAINING,   CERTIFICATION,    EMPLOYMENT, 
DUTIES,  AND  SALARIES 

ART.  32.    STATE  BOARD  OP  EXAMINERS  AND  INSTITUTE  CONDUCTORS. 

5633.  Board  constituted ;  membership  ;  terms ;  vacancies. 

5634.  Chairman  and  secretary  ex  officio. 

5635.  Salaries  of  members. 

5636.  Removal  of  members  ;  appeal. 

5637.  Supervision  of  teacher-training. 

5638.  County  teachers'  institutes. 

5639.  Substitute  for  two  weeks  institute  authorized. 

5640.  Attendance  of  teachers  required;  penalty  for  failure. 

5641.  Separate  and  joint  institutes;  negro  assistants. 

5642.  Schedule  of  institutes. 

5643.  Examinations,  accrediting,  and  certificates. 

5644.  Certificate  prerequisite  to  employment. 

5645.  Teacher  must  be  eighteen. 

5646.  Second  and  third  grade  certificates. 

5647.  Approval  of  certificates  ;  refusal  of  approval ;  appeal  and  review. 

5648.  Certificates  heretofore  granted ;  renewals. 

5649.  Temporary  and  permanent  certificates  to  superintendents  and  assistants. 

5650.  Teachers  to  be  listed  July  1,  1917  ;  may  be  certified. 

5651.  Questions  for  examination ;  lists  printed  and  distributed. 

5652.  Dates  for  examinations ;  special  examinations. 

5653.  Conduct  of  examinations  ;  transmission  of  papers. 

5654.  Temporary  local  certificates. 

5655.  Assistants  to  board;  stenographer;  printing. 

5656.  Employment  of  persons  without  certificate  unlawful ;  appropriation  withheld  ;  salaries 

not  paid. 

5657.  Classes  of  first-grade  certificates. 

5658.  Misdemeanor  to  tamper  with  examination  questions. 

ART.  33.    TEACHER'S  HEALTH  CERTIFICATE. 

5659.  Health  certificate  required  for  teachers. 

5660.  Violation  of  article  a  misdemeanor. 

ART.  34.    EMPLOYMENT  OF  TEACHERS. 

5661.  School  committee  employs  and  dismisses  ;  hearing  before  dismissal. 

5662.  Ineligibility  of  members  of  committee. 

5663.  Committee  meeting  before  employment. 

5664.  County  superintendent  must  approve  election  and  sign  salary  vouchers. 

5665.  Limitation  on  period  and  amount  of  teacher's  contract. 

ART.  35.     DUTIES  OF  TEACHERS. 

5666.  To  maintain  order  and  encourage  virtue ;  to  dismiss  pupils. 

5667.  Records  and  reports  of  teachers. 

ART.  36.     SALARIES  OF  TEACHERS. 

5668.  Salaries  to  be  paid  each  class. 

5669.  Payment  of  salaries. 

SUBCHAPTER  VI.     SCHOOL  BUILDINGS;  LOANS  AND   BONDS  THEREFOR 

ART.  37.     BUILDING,  REPAIRING,  AND  CONTRACTS  FOR  SCHOOLHOUSES. 

5670.  Contracts  for  schoolhouses  ;  county  board  to  pay  one-half  cost. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  11 

ART.  38.    LOANS  FOR  SCHOOLHOUSE  BUILDING. 

6671.  Made  by  state  board  from  state  literary  fund. 

5672.  Appropriation  from  loan  fund  for  free  plans  and  inspection  of  school  buildings. 

5673.  Terms  of  loans. 

5674.  How  secured  and  paid. 

5675.  Loans  by  county  boards  to  school  districts. 

ART.  39.    BONDS  FOR  SCHOOLHOUSES  IN  COUNTIES,  TOWNSHIPS,  AND  SCHOOL  DISTRICT. 

5676.  Election  upon  petition  of  county  board. 

5677.  Contents  of  petition  and  order  of  election. 

5678.  Limit  of  amount  of  bonds. 

5679.  Petition  for  second  election. 

5680.  Law  governing  election  :  ballots. 

5681.  Issuance  of  bonds  and  levy  of  special  tax. 

5682.  County  board  to  sell  bonds ;  disposal  and  investment  of  funds. 

5683.  Collection  of  taxes  ;  liability  of  officers. 

ART.  40.     BONDS  FOR  SCHOOLHOUSES  IN  CITIES  AND  TOWNS. 

5684.  Authorities  to  issue  bonds. 

5685.  Maturity  of  the  bonds  ;  interest. 

5686.  Authentication  ;  sale  of  bonds  ;  exempt  from  taxation. 

5687.  Special  tax  for  payment  of  interest  and  principal. 

5688.  Bond  issue  submitted  to  election. 

5689.  Registration  for  election. 

5690.  Application  and  construction  of  article. 

SUBCHAPTER  VII.     TEXT-BOOKS 

ART.  41.    TEXT-BOOK  COMMISSION  AND  SUBCOMMISSION  ;  SUBJECTS  ;  ADOPTION. 

5691.  Commission  created ;  duty. 

5692.  Term  of  office ;  powers  ;  term  of  contracts. 

5693.  Appointment  of  subcommission ;  compensation. 

5694.  Oath  of  subcommissioners. 

5695.  Examination  of  books  by  subcommission. 

5696.  Report  of  subcommission. 

5697.  Opening  and  filing  report. 

5698.  Character  and  requisites  of  books  adopted. 

5699.  Selection  and  adoption  of  books. 

5700.  Exclusive  use  of  books  adopted. 

5701.  Teacher  allowing  other  books  dismissed. 

5702.  Provision  for  purchase  when  contractor  fails  to  supply. 

5703.  Advertisement  for  bids. 

5704.  Form  and  contents  of  bids. 

5705.  Bids  and  proposals  may  be  rejected. 

5706.  Adoption  of  manuscripts  and  unprinted  books. 

5707.  Commission  to  deliver  sample  books  to  subcommission. 

5708.  Adoption  of  books. 

5709.  Award  of  contract. 

5710.  Execution  of  contract. 

5711.  Stipulations  in  contract. 

5712.  Liability  of  state  on  contract. 

5713.  Power  to  alter  contracts. 

5714.  Books  must  come  up  to  sample. 

5715.  Bond  of  contractor. 

5716.  Actions  on  the  bond. 

5717.  Deposits  by  bidders ;  return  and  forfeiture. 

5718.  Prices  to  be  printed  on  books. 

5719.  Selling  books  at  greater  than  contract  price  misdemeanor. 

5720.  Distributing  agencies  and  depositories  ;  penalty  failure  to  have. 

5721.  Contract  proclaimed  by  governor ;  notices  by  state  superintendent. 

ART.  42.     HIGH  SCHOOL  TEXT-BOOKS. 

5722.  Unit  of  adoption  the  county. 

T23.  State  superintendent  to  prepare  list  of  approved  text-books. 

5724.  County  committee  to  recemmend  books. 

5725.  Publishers  to  submit  samples  with  prices  to  state  superintendent. 

5726.  State  committee  on  high  school  text-books  ;  duties  ;  reports  to  state  superintendent. 

5727.  State  superintendent  approves  list. 

5728.  State  superintendent  contracts  with  publishers. 

5729.  Bond  of  publishers. 

5730.  Text-books  adopted  for  four  years  ;  exceptions. 

5731.  Local  depositories  to  sell  books  ;  commission  allowed. 

5732.  Students  removing  from  county  may  sell  books  ;  resale. 

5733.  State  superintendent  may  make  additional  rules  if  necessary. 

5734.  Only  disinterested  persons  to  act  in  selection. 

ART.  43.     FURNISHING  TEXT-BOOKS  BY  SCHOOL  BOARDS. 

5735.  Rental  of  text-books. 

5736.  County  and  local  boards  to  make  rules  ;  to  use  incidental  expense  fund. 

5737.  Books  for  indigent  children. 


12  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5738.  Limitation  as  to  funds  ;  effect  of  article. 

5739.  State  superintendent  to  inform  local  school  authorities. 

SUBCHAPTER  VIII.     SCHOOL  CENSUS  AND  HEALTH 

ART.  44.     SCHOOL  CENSUS. 

5740.  School  committee  to  report  annually  to  county  superintendent ;   contents  of   reports. 

5741.  County  superintendent  to  furnish  blanks  ;  time  for  returning  report. 

5742.  Committee  to  designate  census  taker. 

5743.  Compensation  of  census  taker. 

5744.  Committee  to  furnish  copy  to  teacher  ;  teacher  to  record. 

5745.  Committee  failing  to  comply  with  provisions  of  article  removed. 

5746.  Making  false  returns  misdemeanor. 

ART.  45.     PHYSICAL  EXAMINATION  OF  PUPILS. 

5747.  State  board  of  health  and  state  superintendent  to  make  rules  for  physical  examina- 

tion. 

5748.  Teachers  to  make  examinations  ;  state  covered  every  three  years. 

5749.  Record  cards  transmitted  to  state  board  of  health  ;  punishment  for  failure. 

5750.  Disposition  of  records ;  reexamination  of  pupils. 

5751.  Treatment  of  pupils  ;  expenses. 

5752.  Free  dental  treatment ;  appropriation. 

ART.  46.     SCHOOL  PRIVIES. 

5753.  County  board  to  provide  privies. 

5754.  Payment  for  privies. 

5755.  Time  allowed  for  installation. 

5756.  Failure  to  provide  privies  a  misdemeanor. 

5757.  Privies  to  be  kept  sanitary. 

SUBCHAPTER  IX.     COMPULSORY  ATTENDANCE  ON  SCHOOLS 

ART.  47.     GENERAL  COMPULSORY  ATTENDANCE  LAW. 

5758.  Parent  or  guardian  required  to  keep  child  in  school ;  exemptions. 

5759.  State  board  of  education  to  make  rules  and  regulations  ;  method  of  enforcement. 

5760.  Attendance  officers  ;  reports  ;  prosecutions. 

5761.  Violation  of  law ;  penalty. 

5762.  Investigation  and  prosecution  by  county  superintendent  and  attendance  officer. 

ART.  48.     COMPULSORY  ATTENDANCE  OF  INDIGENT  CHILDREN. 

5763.  Investigation  as  to  indigency  of  child. 

5764.  Aid  to  indigent  child. 

ART.  49.    COMPULSORY  ATTENDANCE  OF  DEAF  CHILDREN. 

5765.  Deaf  children  to  attend  school ;  age  limits  ;  minimum  attendance. 

5766.  Parents,  etc.,  failing  to  send  to  school  guilty  of  misdemeanor  ;  provisos. 

5767.  Duties  of  census  taker  and  county  superintendent. 

5768.  Fines  to  school  fund. 

ART.  50.     COMPULSORY  ATTENDANCE  OF  BLIND  CHILDREN. 

5769.  Blind  children  to  attend  school ;  age  limits  ;  minimum  attendance. 

5770.  Parents,  etc.,  failing  to  send  guilty  of  misdemeanor ;  provisos. 

5771.  Duties  of  census  taker  and  county  superintendent. 

5772.  Fines  to  school  fund. 

5773.  Sheriffs  to  enforce  law. 

5774.  Superintendent  of  school  for  blind  to  have  free  transportation  to  enforce  law. 

SUBCHAPTER  X.     COMMERCIAL    SCHOOLS 

ART.  51.  COMMERCIAL  SCHOOLS. 

5775.  Licenses  for  commercial  scnools. 

5776.  Report  to  be  filed  belore  ncense. 

5777.  Advertising  literature  to  De  filed. 

5778.  Conducting  school  witnout  license  misdemeanor. 

5779.  Blanks  for  reports  and  licenses  ;  disposition  of  license  tax. 

5780.  Application  of  article. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  13 

SUBCHAPTER  I.     APPLICATION  OF  CHAPTER 

ART.    1.     CERTAIN    SCHOOLS    EXCEPTED    AND    REGULATED 

5383.  Application  of  chapter.     The  provisions  of  this  chapter  shall  not, 
unless  the  article  or  section  indicates  otherwise,  apply  to  any  township,  city, 
or  town  now  levying  a  special  tax  for  schools  and  operating  under  special 
laws  or  charters,  or  to  schools  operating  under  a  district  superintendent  in 
accordance  with  the  provisions  of  section  5431. 

School  districts  in  any  city  or  town  which,  in  accordance  with  said  section 
5431,  have  employed  a  district  superintendent  as  provided  in  the  section,  are 
hereby  continued,  and  all  vacancies  in  the  school  committees  of  such  districts 
shall  be  filled  by  the  county  board  of  education.  If  such  districts  comprise 
a  township,  there  shall  not  be  appointed  township  school  committeemen  for 
such  township,  and  all  apportionments  shall  be  made  directly  to  committees 
of  the  districts. 

All  schools  receiving  any  part  of  the  public  school  funds  shall  be  under  the 
general  supervision  of  the  state  superintendent  of  public  instruction,  and  they 
shall  be  required  to  make  to  the  state  superintendent  and  to  the  county  super- 
intendent such  reports  as  these  officers  shall  demand  and  as  are  made  to  them 
by  other  public  schools. 

Rev.,  4029;  1901,  c.  4,  s.  73;  1903,  c.  435,  s.  25;  1907,  c.  835,  s.  l(a). 

SUBCHAPTER  II.     ADMINISTRATIVE  ORGANIZATION 

ART.  2.     THE   STATE  BOARD  OF   EDUCATION 

5384.  Incorporation  and  general  corporate  powers.     The  governor,  lieu- 
tenant-governor, secretary  of  state,  treasurer,  auditor,  superintendent  of  pub- 
lic instruction,  and  attorney-general  shall  constitute  the  state  board  of  educa- 
tion, and  by  the  name,  the  State  Board  of  Education,  are  created  a  corpora- 
tion, with  the  right  to  sue  and  be  sued,  to  have  a  common  seal,  to  take,  hold, 
and  dispose  of  property,  to  make  contracts  and  by-laws ;  and  it  is  vested  with 
all  other  powers  conferred  on  corporations  under  the  chapter  on  corporations, 
so  far  as  such  powers  are  necessary  or  convenient  to  the  attainment  of  the 
object  of  the  board  or  to  the  performance  of  its  duties. 

Const.,  Art.  IX,  ss.  8,  9,  10;  Rev.,  a.  4030;  Code,  s.  2503;  1881,  c.  200;  1903,  c.  567,  s.  7. 

5385.  Succeeds   to  "President  and  directors  of  literary   fund  of  North 
Carolina."    The  state  board  of  education  shall  succeed  to  all  the  powers  and 
trusts  of  the  "President  and  directors  of  the  literary  fund  of  North  Carolina," 
and  shall  have  full  power  to  legislate  and  make  all  needful  rules  and  regula- 
tions for  the  government  of  the  public  schools  and  for  the  management  of  the 
state  educational  fund ;  but  all  such  acts,  rules,  and  regulations  of  the  board 
may  be  altered,  amended,  or  repealed  by  the  general  assembly,  and  when  so 
altered,  amended,  or  repealed  shall  not  be  reenacted  by  the  board;  and  the 
board  shall  succeed  to  and  have  all  the  property,  powers,  rights,  privileges,  and 
advantages  which  in  any  wise  belonged  or  appertained  to  the  "President  and 
directors  of  the  literary  fund  in  North  Carolina,"  and  may,  in  its  own  name, 
assert,  use,  apply,  and  enforce  the  same. 

Const.,  Art.  IX,  s.  10;  Rev.,  s.  4033;  Code,  s.  2506;  1881,  c.  200,  s.  4  ;  R.  C.,  c.  66  ;  R.  S  , 
cc.  66,  67. 

NOTE.— As  to   "state  literary   fund,"   see  s.   5480. 


14  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5386.  Officers;  quorum;  meetings;  expenses.    Of  the  board,  the  governor 
shall  be  president,  the  superintendent  of  public  instruction  shall  be  secretary, 
and  the  treasurer  of  the  state  shall  be  treasurer.     A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business.     The  board  shall 
hold  its  meetings  in  the  executive  office,  and  shall  meet  at  such  times  as  a 
majority  of  the  members  shall  appoint ;  but  the  governor  may  call  a  meeting 
at  any  time.     The  contingent  expenses  of  the  board  shall  be  provided  for  by  the 
general  assembly. 

Const.,  Art.  IX,  ss.  9,  12,  13  ;  Rev.,  s.  4031 ;  Code,  s.  2504 ;  1881,  c.  200,  a.  2. 

5387.  Record  of  proceedings.     All  the  proceedings  of  the  board  shall  be 
recorded  in  a  well-bound  and  suitable  book,  which  shall  be  kept  in  the  office 
of  the  superintendent  of  public  instruction. 

Rev.,  B.  4032;  Code,  s.  2505;  1881,  c.  200,  s.  3. 

5388.  Reports  to  general  assembly.     The  state  board  of  education  shall 
report  to  the  general  assembly  the  manner  in  which  the  state  literary  fund 
has  been  applied  or  invested,  with  such  recommendations  for  the  improvement 
of  the  same  as  to  it  shall  seem  expedient. 

Rev.,  s.  4034;  Code,  s.  2507;  R.  C.,  c.  66,  s.  4;  1825,  c.  1268,  s.  2;  1903,  c.  567,  s.  1. 

5389.  Investments.    The  state  board  of  education  is  authorized  to  invest 
in  North  Carolina  four  per  cent  bonds  or  in  other  safe  interest-bearing  securi- 
ties, the  interest  on  which  shall  be  used  as  may  be  directed  from  time  to  time 
by  the  general  assembly  for  school  purposes. 

Rev.,  s.  4035;  1891,  c.  369. 

5390.  State  treasurer  keeps  accounts  of,  and  reports  to  general  assembly. 

The  state  treasurer  shall  keep  a  fair  and  regular  account  of  all  the  receipts 
and  disbursements  of  the  state  literary  fund,  and  shall  report  the  same  to  the 
general  assembly  at  the  same  time  when  he  makes  his  biennial  account  of  the 
ordinary  revenue. 

Rev.,  s.  4034;  Code,  s.  2507;  R.  C.,  c.  66,  s.  4;  1825,  c.   1268,  s.   2;  1903,  c.  567,  s.   1. 
ART  3.     STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

5391.  Office  at  capitol;  copies  of  papers  therein.     The  superintendent  of 
public  instruction  shall  keep  his  office  at  the  seat  of  government.     Copies  of 
his  acts  and  decisions  and  of  all  papers  kept  in  his  office  and  authenticated 
by  his  signature  and  official  seal  shall  be  of  the  same  force  and  validity  as  the 
original.    He  shall  be  furnished  with  such  offices,  heat,  and  stationery  as  shall 
be  necessary  for  the  efficient  discharge  of  the  duties  of  his  office. 

Rev.,  s.  4089;  1900,   c.   525. 

5392.  Powers  and  duties.    The  state  superintendent  of  public  instruction 
is  empowered  and  it  shall  be  his  duty: 

1.  Looks  after  schools,  reports  to  governor.     To  look  after  the  school  in- 
terests of  the  state,  and  to  report  biennially  to  the  governor  at  least  five  days 
previous  to  each  regular  session  of  the  general  assembly.     His  report  shall 
give  information  and  statistics  of  the  public  schools,  and  recommend  such 
changes  in  the  school  law  as  shall  occur  to  him. 

2.  Directs  schools,  enforces  and  construes  school  law.    To  direct  the  opera- 
tions of  the  public  schools  and  enforce  the  laws  and  regulations  in  relation 
thereto.     The  county  board  of  education  and  all  other  school  officers  in  the 
several  counties  shall  obey  the  instructions  of  the  state  superintendent  and 
accept  his  constructions  of  the  school  law. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  15 

3.  Receives  evidence  as  to  county  superintendent's  performance  of  duties. 
To  receive  evidence  as  to  unfitness  or  negligence  of  the  county  superintendent, 
and  when  necessary  to  report  it  to  the  county  board  of  education  for  action. 

4.  Sends  circular  letter  to  school  officers.    To  send  to  each  school  officer  a 
circular  letter  enumerating  his  duties  as  prescribed  in  this  chapter. 

5.  Investigates  other  school  systems.    To  correspond  with  leading  educators 
in  other  states,  to  investigate  systems  of  public  schools  established  in  other 
states,  and,  as  far  as  practicable,  to  render  the  results  of  educational  efforts 
and  experiences  available  for  the  information  and  aid  of  the  legislature  and 
the  state  board  of  education. 

6.  Acquaints  himself  with  local  educational  wants,  delivers  lectures,  etc.    To 
acquaint  himself  with  the  peculiar  educational  wants  of  the  several  sections  of 
the  state,  and  to  take  all  proper  means  to  supply  such  wants,  by  counseling 
with  county  boards  of  education  and  county  superintendents,  by  lectures  before 
teachers'  institutes,  and  by  addresses  before  public  assemblies  on  subjects 
relating  to  public  schools  and  public  school  work. 

7.  Travels  in  connection  with  loan  fund,  etc.     To  go  to  any  county  when 
necessary  for  the  due  execution  of  the  law  creating  a  permanent  loan  fund 
for  the  erection  of  public  schoolhouses.    He  shall  include  in  his  annual  reports 
a  full  showing  of  everything  done  under  the  provisions  of  the  law  creating 
such  permanent  loan  fund. 

8.  Signs  requisitions  on  auditor.    To  sign  all  requisitions  on  the  auditor  for 
the  payment  of  money  out  of  the  state  treasury  for  school  purposes. 

9.  Has  publications  made,  etc.    To  have  the  school  laws  published  in  pam- 
phlet form  and  distributed  on  or  before  the  first  day  of  May  of  each  year ;  to 
have  printed  and  distributed  such  educational  bulletins  as  he  shall  deem  neces- 
sary for  the  professional  improvement  of  teachers  and  for  the  cultivation  of 
public  sentiment  for  public  education ;  and  to  have  printed  all  forms  necessary 
and  proper  for  the  purposes  of  this  chapter. 

Rev.,  ss.  4089,  4090,  4091,  4092  ;  1900,  c.  525  ;  1901,  c.  4,  ss.  8,  9  ;  1903,  c.  435,  s.  1  ;  1903, 
c.  751,  ss.  11,  12;  1909,  c.  525,  s.  2. 

ART.  4.     STATE  BOARD  FOR  VOCATIONAL  EDUCATION 

5393.  State   board   for   vocational   education   created.     There  is   hereby 
created  a  state  board  for  vocational  education,  to  consist  of  four  members,  as 
follows :  the  state  superintendent  of  public  instruction  and  three  other  mem- 
bers, to  be  appointed  by  the  governor,  one  to  represent  agriculture,  one  to 
represent  home  conomics,  and  one  to  represent  trades  and  industries.     The 
terms  of  office  of  these  members  shall  be,  for  one  member  two  years,  for  one 
member  four  years,  and  for  one  member  six  years,  who  shall  serve  till  their 
successors  are  appointed;  and  thereafter  each  member  shall  be  appointed  for 
a  term  of  four  years. 

1919,  cc.  119,  s.  3;  131,  s.  3. 

5394.  Powers  and  duties  of  board.    The  state  board  for  vocational  educa- 
tion shall  have  all  necessary  authority  to  cooperate  with  the  federal  board 
for  vocational  education  in  the  administration  of  the  Federal  Vocational  Edu- 
cational Act,  accepted  by  section  5502  of  this  chapter ;  to  administer  any  legis- 
lation pursuant  thereto  enacted  by  the  state  of  North  Carolina,  and  to  admin- 
ister the  funds  provided  by  the  federal  government  and  the  state  of  North 
Carolina  under  the  provisions  of  section  5503,  for  the  promotion  of  vocational 
education  in  agricultural   subjects,  trade  and  industrial  subjects  and  home 


16  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

economics  subjects.  It  shall  have  full  authority  to  formulate  plans  for  the 
promotion  of  vocational  education  in  such  subjects  as  an  essential  and  integral 
part  of  the  public  school  system  of  education  in  the  state  of  North  Carolina, 
and  to  provide  for  the  preparation  of  teachers  in  such  subjects.  It  shall  have 
full  authority  to  fix  the  compensation  of  such  officials  and  assistants  as  may 
be  necessary  to  administer  the  federal  act  and  this  article  for  the  state  of 
North  Carolina,  and  to  pay  such  compensations  and  other  necessary  expenses 
of  administration  from  funds  appropriated  under  section  5503.  It  shall  have 
authority  to  make  studies  and  investigations  relating  to  vocational  education 
in  such  subjects ;  to  publish  the  result  of  such  investigations,  and  to  issue 
other  publications  as  seem  necessary  by  the  board;  to  promote  and  aid  in 
the  establishment  by  local  communities  of  schools,  departments,  or  classes 
giving  instruction  in  such  subjects;  to  cooperate  with  local  communities  in 
the  maintenance  of  such  schools,  departments,  or  classes ;  to  prescribe  qualifi- 
cations for  the  teachers,  directors,  and  supervisors  of  such  subjects,  and  to 
have  full  authority  to  provide  for  the  certification  of  such  teachers,  directors, 
and  supervisors ;  to  cooperate  in  the  maintenance  of  classes  supported  and 
controlled  by  the  public  for  the  preparation  of  teachers,  directors  and  super- 
visors of  such  subjects,  or  to  maintain  such  classes  under  its  own  direction 
and  control ;  to  establish  and  determine  by  general  regulations  the  qualifica- 
tions to  be  possessed  by  persons  engaged  in  the  training  of  vocational  teachers. 

1919,   cc.   119,  s.   5;   131,  s.  5. 

5395.  State  superintendent  to  enforce  article.     The  state  superintendent 
of  public  instruction  shall  serve  as  executive  officer  of  the  state  board  for 
vocational  education,  and  shall  designate,  by  and  with  the  advice  and  consent 
of  the  board,  such  assistants  as  may  be  necessary  to  properly  carry  out  the 
provisions  of  this  article.    The  state  superintendent  shall  also  carry  into  effect 
such  rules  and  regulations  as  the  board  may  adopt,  and  shall  prepare  such 
reports  concerning  the  condition  of  vocational  education  in  the  state  as  the 
board  may  require. 

1919,  cc.  119,  s.  4;  131,  s.  4. 

5396.  Cooperation  of  county  authorities  with  state  board;  funds.     The 

county  board  of  education,  board  of  county  commissioners,  or  the  board  of 
trustees  of  any  county  or  city  system  may  cooperate  with  the  state  board  for 
vocational  education  in  the  establishment  of  vocational  schools  or  classes 
giving  instruction  in  agricultural  subjects,  or  trade  or  industrial  subjects,  or 
in  home  economics  subjects,  and  may  use  moneys  raised  by  public  taxation 
in  the  same  manner  as  moneys  are  used  for  other  public  school  purposes : 
Provided,  that  nothing  in  this  article  shall  be  construed  to  repeal  any  appro- 
priations heretofore  made  by  any  of  said  boards  for  said  purposes. 

1919,  cc.  119,  s.  6;  131,  s.  6. 

5397.  Report    to    governor.      The    state   board   for   vocational   education 
shall  make  a  report  annually  to  the  governor,  setting  forth  the  conditions  of 
vocational  education  in  the  state,  a  list  of  the  schools  to  which  federal  and 
state  aid  have  been  given,  and  a  detailed  statement  of  the  expenditures  of 
federal  funds  and  the  state  funds  provided  for  in  section  5503. 

1919,  cc.  119,  s.  8;  131,  s.  8. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  17 

ART.   5.     COLLEGE   COMMISSION   REGULATING   DEGREES 

5398.  Right  to   confer   degrees   restricted.     No   educational   institution 
hereafter  created  or  established  by  any  person,  firm  or  corporation  in  this 
state  shall  have  power  or  authority  to  confer  degrees  upon  any  person  except 
as  herein  provided. 

1919,  c.  264,  s.  1. 

5399.  College  commission  created;  investigations.    A  college  commission 
is  hereby  created  consisting  of  the  state  superintendent  of  public  instruction, 
ex  offlcio  chairman,  and  four  others  to  be  appointed  by  the  governor,  to  hold 
office  for  a  term  of  five  years  or  until  their  successors  are  appointed.     The 
persons  so  appointed  shall  meet  upon  the  call  of  the  governor  and  adopt  rules 
of  procedure  for  the  commission.    Institutions  described  in  the  preceding  sec- 
tion shall  not  have  power  to  confer  degrees  until  the  merits  of  the  application 
from  an  educational  standpoint  have  been  passed  upon  by  the  commission. 

1919,  c.  264,  s.  2. 

5400.  Commission  empowered  to  grant  license  to  confer  degrees.     The 

commission  herein  created  is  authorized  to  issue  its  license  to  confer  degrees 
in  such  form  as  it  may  prescribe  to  any  educational  institution  hereafter  estab- 
lished by  any  person,  firm,  or  corporation  in  this  state;  but  no  educational 
institution  hereafter  established  in  the  state  shall  be  empowered  to  confer 
degrees  unless  it  has  income  sufficient  to  maintain  adequate  faculty  and  equip- 
ment sufficient  to  provide  adequate  means  of  instruction  in  the  arts  and 
sciences ;  and  unless  its  baccalaureate  degree  is  conferred  only  upon  students 
who  have  completed  a  four-year  college  course,  preceded  by  the  usual  four- 
year  high  school  course,  or  their  equivalent. 

1919,  c.  264,  s.  3. 

5401.  Inspection  of  institution;  revocation  of   license.     All  institutions 
chartered  under  this  article  shall  file  such  information  with  the  state  super- 
intendent of  public  instruction  as  the  commission  may  direct,  and  the  com- 
mission shall  have  full  authority  to  send  an  expert  to  visit  any  institution 
applying  for  a  license  to  confer  degrees  under  this  article.     And  if  any  one 
of  them  shall  fail  to  keep  up  the  required  standard  the  commission  shall 
revoke  the  license  to  confer  degrees,  subject  to  a  right  of  review  of  this 
decision  by  the  judge  of  the  superior  court  upon  action  instituted  by  the  edu- 
cational institution  whose  license  had  been  revoked. 

1919,   c.  264,  s.  4. 

ART.  6.  THE  COUNTY  BOARD  OF  EDUCATION 

,  5402.  Incorporation;  general  powers.  The  county  board  of  education  in 
each  county  shall  consist,  except  as  herein  otherwise  provided,  of  three  men, 
elected  by  the  general  assembly  from  those  men  nominated  as  is  hereinafter 
provided,  and  shall  be  a  body  corporate  by  the  name  and  style  of  the  County 

Board  of  Education  of  County.     By  that  name  it  shall  be  capable 

of  purchasing  and  holding  real  and  personal  estate,  of  building  and  repairing 
schoolhouses,  of  selling  and  transferring  the  same  for  school  purposes,  and  of 
prosecuting  and  defending  suits  for  or  against  the  corporation. 

Rev.,  ss.   4119,   4121  ;  1901,   c.   4,  s.   13. 


18  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5403.  Local  variation  as  to  number  of  members  of  county  boards.     The 

county  boards  of  education  of  Alamance,  Bertie,  Burke,  Caswell,  Camden, 
Chatham,  Cherokee,  Columbus,  Cumberland,  Durham,  Franklin,  Gates,  Hay- 
wood,  Hyde,  Jackson,  Macon,  Mecklenburg,  Pamlico,  Person,  Richmond,  Rock- 
ingham,  Surry,  and  Union  counties  shall  each  consist  of  five  members. 

1919,  cc.  184,  s.  2;  315,  s.   1. 

5404.  Nominations  by  county  primaries;  elections  by  general  assembly. 

In  all  the  counties  of  the  state  there  shall  be  nominated  in  the  year  one  thou- 
sand nine  hundred  and  twenty,  and  biennially  thereafter,  at  the  party  pri- 
maries or  conventions,  at  the  same  time  and  in  the  same  manner  as  that  in 
which  other  county  officers  are  nominated,  a  candidate  or  candidates,  by  each 
political  party  of  the  state,  for  member  or  members  of  the  county  board  of 
education  to  take  the  place  of  the  member  or  members  of  said  board  whose 
term  next  expires.  The  names  of  the  persons  so  nominated  in  such  counties 
shall  be  duly  certified  by  the  chairman  of  the  county  board  of  elections  within 
ten  days  after  their  nomination  is  declared  by  said  county  board  of  elections, 
to  the  secretary  of  state,  who  shall  transmit  the  names  of  all  persons  so 
nominated,  together  with  the  name  of  the  political  party  nominating  them,  to 
the  next  session  of  the  general  assembly  within  ten  days  after  it  convenes. 
It  shall  be  the  duty  of  the  general  assembly  to  elect  or  appoint  one  or  more 
of  the  candidates  so  nominated  as  a  member  or  members  of  the  county  board 
of  education  for  such  county.  Upon  failure  of  the  general  assembly  to  elect 
or  appoint  members  as  herein  provided  such  failure  shall  constitute  a  vacancy 
which  shall  be  filled  by  the  state  board  of  education.  The  term  of  office  of 
each  member  shall  begin  on  the  first  Monday  of  July  of  the  year  in  which  he 
is  elected,  and  shall  continue  until  his  successor  is  elected  and  qualified. 

Rev.,  s.  4119;  1917,  c.  74,  ss.  1,  2;  1919,  c.  315. 

5405.  County  board  of  elections  to  provide  for  nominations.    The  county 
board  of  elections,  under  the  direction  of  the  state  board  of  elections,  shall 
make  all  necessary  provisions  for  such  nominations  as  are  herein  provided  for. 

1917,  c.  74,  s.  4. 

5406.  Members  to  qualify.    Those  persons  who  shall  be  elected  members 
of  the  county  board  of  education  by  the  general  assembly  must  qualify  by 
taking  the  oath  of  office  on  or  before  the  first  Monday  in  July  next  succeeding 
their  election.    A  failure  to  qualify  within  that  time  shall  constitute  a  vacancy. 
Those  persons  elected  or  appointed  to  fill  a  vacancy  must  qualify  within  thirty 
days  after  notification  thereof.     A  failure  to  qualify  within  that  time  shall 
constitute  a  vacancy. 

Rev.,  s.  4120;  1919,  c.  315,  s.  2. 

5407.  Vacancies  in  nominations.     If  any  candidate  shall  die,  resign,  or 
for  any  reason  become  ineligible  or  disqualified  between  the  date  of  his  nomi- 
nation and  the  time  for  the  election  by  the  general  assembly  of  the  member 
or  members  of  the  county  board  of  education  for  the  county  of  such  candidate, 
the  vacancy  caused  thereby  may  be  filled  by  the  action  of  the  county  executive 
committee  of  the  political  party  of  such  candidate. 

1917,  c.  74,  s.  2. 

5408.  Vacancies  in  office.     All  vacancies  in  the  membership  of  the  board 
of  education  in  such  counties  by  death,  resignation,  or  otherwise  shall  be  filled 
by  the  remaining  members  of  said  county  board  of  education  until  the  meeting 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  19 

of  the  next  regular  session  of  the  general  assembly,  and  then  for  the  residue 
of  the  unexpired  term  by  that  body.  If  the  vacancy  to  be  filled  by  the  general 
assembly  in  such  cases  shall  have  occurred  before  the  primary  or  convention 
held  in  such  county,  then  and  in  that  event  nominations  for  such  vacancies 
shall  be  made  in  the  manner  hereinbefore  set  out,  and  such  vacancy  shall  -be 
filled  from  the  candidates  nominated  to  fill  such  vacancy  by  the  party  pri- 
maries or  convention  of  such  county.  All  vacancies  that  are  not  filled  by  the 
remaining  members  of  the  board  under  the  authority  herein  contained  within 
thirty  days  from  the  occurrence  of  such  vacancies,  shall  be  filled  by  appoint- 
ment by  the  state  board  of  education. 

1917,  c.  74,  s.  3;  1919,  c.  315,  s.  1. 

5409.  Eligibility  for  the  office.    No  person  shall  be  eligible  as  a  member 
of  the  county  board  of  education  who  is  not  known  to  be  a  man  of  intelligence, 
of  good  moral  character,  of  good  business  qualifications,  and  heartily  in  favor 
of  public  education.     No  person  while  actually  engaged  in  teaching  in  the 
public  schools  or  engage^  in  teaching  in  or  conducting  a  private  school  in  con- 
nection with  which  private  school  there  is  in  any  manner  conducted  a  public 
school,  shall  be  eligible  as  a  member  of  the  county  board  of  education  except 
the  county  superintendent  of  education. 

Rev.,  s.  4119;  1909,  c.  525,  s.  5;  1919,  cc.  106,  315,  s.   1. 

5410.  Meetings  of  board;  duties  thereat.    The  county  board  of  education 
shall  meet  on  the  first  Monday  in  January,  April,  July,  and  October,  and 
may,  if  necessary,  continue  in  session  two  days ;  and  it  may  have  called  meet- 
ings, of  one  day  each,  as  often  as  once  a  month,  if  the  school  business  of  the 
county  requires  it.     It  shall,  at  the  meetings  in  January,  April,  July,  and 
October,  examine  the  books  and  vouchers  and  audit  the  accounts  of  the  treas- 
urer of  the  county  school  fund.    The  boards  of  education  of  the  several  coun- 
ties shall  cause  to  be  published  annually  on  the  first  Monday  in  August,  in 
some  newspaper  published  in  the  county,  or  at  the  courthouse  door,  if  there 
be  no  newspaper  published  therein,  or  in  the  printed  annual  school  report 
of  the  county,  an  itemized  statement  of  all  receipts  and  expenditures  of  school 
funds. 

Rev.,  s.  4133  ;  1891,  c.  460 ;  1901,  c.  4,  s.  27 ;  1903,  c.  435,  s.  26 ;  1905,  c.  533,  s.  21  ;  1911, 
c.  135;  1913,  c.  149. 

5411.  July  meeting  with  county  superintendent  and  treasurer;  business 
thereat.    On  the  first  Monday  in  July  the  county  board  of  education,  county 
superintendent  of  public  instruction,  and  treasurer  shall  meet  at  the  office  of 
the  board  and  settle  all  the  business  of  the  preceding  fiscal  year.    The  board 
shall  on  that  day  examine  the  reports  of  treasurer  and  county  superintendent, 
and,  if  found  correct,  shall  direct  them  to  be  forwarded  to  the  state  superin- 
tendent within  thirty  days  thereafter. 

Rev.,  s.  4134;  1901,  c.  4,  s.  59;  1903,  c.  435,  s.  20;  1907,  c.  835,  s.  1  (g). 

5412.  Powers;  school  control.     1.  The  county  board  of  education  shall 
have  general  control  and  supervision  of  all  matters  pertaining  to  the  public 
schools  in  their  respective  counties,  and  are  given  the  powers  to  execute  and 
are  charged  with  the  due  excution  of  the  school  laws  in  their  respective 
counties. 

2.  The  county  board  of  education  shall  have  power  and  authority  to  fix  and 
determine  the  method  of  conducting'  the  public  schools  in  their  respective 
counties,  so  as  to  furnish  the  most  advantageous  method  of  education  avail- 


20  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

able  to  the  children  attending  the  public  schools  in  the  several  counties  of 
the  state. 

3.  The  time  of-  opening  and  closing  the  public  schools  in  the  several  public- 
school  districts  of  the  state  shall  be  fixed  and  determined  by  the  county  board 
of  education  in  their  respective  counties.     The  board  may  fix  different  dates 
for  opening  the  schools  in  different  townships,  but  all  the  schools  of  each 
township  must  open  on  the  same  date,  as  nearly  as  practicable. 

4.  The  board  and  the  county  superintendent  of  public  instruction  shall  have 
full  power  to  make  all  just  and  needful  rules  and  regulations  governing  the 
conduct  of  teachers  and  pupils  as  to  attendance  on  the  schools,  discipline, 
tardiness,  and  the  general  government  of  the  schools. 

5.  The  county  board  of  education  shall  have  power  to  investigate  and  pass 
upon  the  moral  character  of  any  teacher  in  the  public  schools  of  the  county, 
and  to  dismiss  such  teacher,  if  found  of  bad  moral  character ;  also  to  investi- 
gate and  pass  upon  the  moral  character  of  any  applicant  for  a  teacher's  cer- 
tificate or  for  employment  as  a  teacher  in  any  public  school  in  the  county. 
Such  investigation  shall  be  made  after  written  notice  of  not  less  than  ten 
days  to  the  person  whose  character  i&  to  be  investigated. 

6.  All  powers  and  duties  conferred  and  imposed  by  this  chapter  and  other 
laws  of  the  state  respecting  public  schools  which  are  not  expressly  conferred 
and  imposed  upon  some  other  official  are  conferred  and  imposed  upon  the 
county  boards  of  education. 

Rev.,  ss.  4122,  4123,  4125,  4127;  1901,  c.  4,  ss.  14,   15;  1903,  c.  435,  s.  4. 
NOTE. — For  the  power  of  the  board  as  to  the  formation  of  and  changes  in  school  districts, 
see  this  chapter,  art.  10. 

5413.  Power  to  permit  pupils  to  attend  high  school  of  adjoining  county. 

The  board  of  education  of  any  county  may,  upon  such  terms  as  it  may  deem 
just,  permit  pupils  entitled  to  attend  a  public  high  school  in  the  county  to 
attend  a  public  high  school  of  an  adjoining  county  in  all  respects  as  if  such 
high  school  were  located  in  the  county  whose  high  schools  such  pupils  are 
entitled  to  attend,  when  it  appears  that  such  permission  can  be  given  in 
justice  to  the  schools  and  will  be  in  the  interest  of  justice  and  economy. 

1917,  c.  211. 

5414.  Powers;  removing  county  school  officials.    In  case  the  state  super- 
intendent shall  have  sufficient  evidence  at  any  time  that  any  county  super- 
intendent of  public  instruction  or  any  member  of  the  county  board  of  educa- 
tion is  not  capable  of  discharging  or  is  not  discharging  the  duties  of  his  office, 
as  required  by  this  chapter,  or  is  guilty  of  immoral  or  disreputable  conduct, 
he  shall  report  the  matter  to  the  county  board  of  education,  which  shall  hear 
evidence  in  the  case ;  and  if,  after  careful  investigation,  it  shall  find  sufficient 
cause  for  his  removal,  it  shall  declare  the  office  vacant  at  once  and  proceed 
to  elect  his  successor.     Either  party  may  appeal  from  the  decision  of  the 
county  board  of  education  to  the  state  board  of  education,  which  shall  have 
full  power  to  investigate  and  review  the  decisions  of  the  county  board  of 
education.     This  section  shall  not  deprive  any  county  superintendent  of  the 
right  to  try  his  title  to  his  office  in  the  courts  of  the  state.    In  case  the  county 
superintendent  shall  have  sufficient  evidence  at  any  time  that  any  member 
of  any  school  committee  is  not  capable  of  discharging  or  is  not  discharging 
the  duties  of  his  office,  he  shall  bring  the  matter  to  the  attention  of  the  county 
board  of  education,  which  shall  thoroughly  investigate  the  charges,  and  shall 
remove  such  committeeman  and  appoint  his  successor,  if  sufficient  evidence 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAEOLINA  21 

shall  be  produced  to  warrant  his  removal  and  the  best  interests  of  the  schools 
demand  it. 

Rev.,  s.  4126;  1901,  c.  4,  ss.  10,  42. 

5415.  Powers ;  building  and  contracting  for  new  schoolhouses.    The  build- 
ing of  all  new  schoolhouses  shall  be  under  the  control  and  direction  of  and 
by  contract  with  the  county  board  of  education.     The  board  shall  pay  not 
over  one-half  of  the  cost  of  the  same  out  of  the  fund  set  aside  for  building, 
under  section  5487  of  this  chapter,  and  the  school  district  in  which  any  school- 
house  is  erected  shall  pay  the  other  part,  and  upon  failure  of  any  district  to 
provide  its  part  by  private  subscription  or  otherwise,  the  board  is  directed 
to  take  it  out  of  the  apportionment  to  that  district ;  but  the  board  shall  not 
be  authorized  to  invest  any  money  in  any  new  house  that  is  not  built  in 
accordance  with  plans  approved  by  the  state  superintendent.     All  contracts 
for  buildings  shall  be  in  writing,  and  all  buildings  shall  be  inspected,  received, 
and  approved  by  the  county  superintendent  of  public  instruction  before  full 
payment  is  made  therefor. 

Rev.,  s.  4124;  1903,  c.  435,  s.  4. 

5416.  Powers;  school  property.     1.  The  county  board  of  education  may 
receive  any  gift,  grant,  donation,  or  devise  made  for  the  use  of  any  school 
within  its  jurisdiction. 

2.  The  county  board  of  education  or  the  board  of  trustees  of  any  incor- 
porated or  chartered  school  district  may  receive  suitable  sites  for  schoolhouses 
or  school  buildings  by  donation,  may  acquire  such  sites  by  purchase  or  by 
condemnation.  In  case  of  purchase,  the  county  board  of  education  or  any 
board  of  trustees,  as  aforesaid,  shall  issue  an  order  on  its  treasurer  for  the 
purchase  money,  and  upon  payment  of  the  order  the  title  to  the  site  shall  vest 
in  the  corporation  in  fee  simple.  Whenever  the  boards  above  mentioned  are 
unable  to  obtain  a  suitable  site  for  a  school  or  school  building  by  gift  or 
purchase,  such  board  shall  report  to  the  county  superintendent  of  public 
instruction,  who  shall,  upon  five  days  notice  to  the  owner  or  owners  of  the 
land,  apply  to  the  clerk  of  the  superior  court  of  the  county  in  which  the  land 
is  situated  for  the  appointment  of  three  appraisers,  who  shall  lay  off  by  metes 
and  bounds  not  more  than  two  acres,  and  shall  assess  the  value  thereof.  The 
same  means  may  be  used  to  obtain  more  land  in  a  district  where  there  is  a 
house  or  a  site  previously  obtained,  but  not  more  than  three  acres  shall  be 
procured,  including  the  site  already  obtained.  They  shall  make  a  written 
report  of  their  proceedings,  to  be  signed  by  them,  or  by  a  majority  of  them, 
to  the  clerk  within  five  days  of  their  appointment,  who  shall  enter  the  same 
upon  the  records  of  the  court.  The  appraisers  and  officers  shall  serve  without 
compensation.  If  the  report  is  confirmed  by  the  clerk,  the  chairman  and  the 
secretary  of  the  board  shall  issue  an  order  on  the  treasurer  of  the  county 
school  fund,  or,  if  a  graded  school  district,  upon  the  treasurer  of  the  graded 
school  district,  in  favor  of  the  owner  of  the  land  thus  laid  off,  and  upon  the 
payment,  or  offer  of  payment,  of  this  order  the  title  to  such  land  shall  vest 
in  fee  simple  in  the  corporation.  Any  person  aggrieved  by  the  action  of  the 
appraisers  may  appeal  to  the  superior  court  in  term,  upon  giving  bond  to 
secure  the  board  against  such  costs  as  may  be  incurred  on  account  of  the 
appeal  not  being  prosecuted  with  effect.  If  the  lands  sought  to  be  condemned 
hereunder,  or  any  part  of  said  lands,  shall  be  owned  by  a  nonresident  of  the 
state,  before  the  clerk  shall  appoint  appraisers  therefor,  notice  to  such  non- 


22  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

resident  owners  shall  be  given  of  such  proceeding  to  condemn,  by  publication 
for  thirty  days  in  some  newspaper  published  in  the  county,  and  if  no  news- 
paper is  published  in  the  county,  then  by  posting  such  notice  at  the  courthouse 
door  and  three  other  public  places  in  the  county  for  the  period  of  thirty  days. 
3.  When  in  the  opinion  of  the  board  any  schoolhouse,  schoolhouse  site,  or 
other  public  school  property  has  become  unnecessary  for  public  purposes,  it 
may  sell  the  same  at  public  auction,  after  advertisement  of  twenty  days  at 
three  public  places  in  the  county,  or  at  a  private  sale. 

Rev.,  ss.  4121,  4130,  4131 ;  1901,  c.  4,  ss.  13,  31,  36 ;  1903,  c.  435,  s.  13  ;  1905,  c.  533,  s.  8  ; 
1911,  c.  135  ;  1913,  c.  149,  s.  1  (b)  ;  Ex.  Sess.  1913,  c.  39,  s.  1. 

5417.  Powers;  suits  and  actions.     1.  The  county  board  of  education  shall 
institute   all  actions,   suits,  or  proceedings  against  officers,  persons,   or  cor- 
porations, or  their  sureties,  for  the  recovery,  preservation,  and  application  of 
all  moneys  or  property  which  may  be  due  to  or  should  be  applied  to  the  sup- 
port and  maintenance  of  the  schools,  except  in  case  of  a  breach  of  his  bond 
by  the  treasurer  of  the  county  school  fund,  in  which  case  action  shall  be 
brought  by  the  county  commissioners  as  is  hereinafter  provided. 

2.  In  all  actions  brought  in  any  court  against  a  county  board  of  education 
for  the  purpose  of  compelling  the  board  to  admit  any  child  or  children  who 
have  been  excluded  from  any  school,  by  the  order  of  the  board,  the  order  or 
action  of  the  board  shall  be  presumed  to  be  correct,  and  the  burden  of  proof 
shall  be  on  the  complaining  party  to  show  to  the  contrary. 

Rev.,  ss.  4121,  4125;  1901,  c.  4,  s.  13;  1903,  c.  435,  s.  4;  1915,  c.  236,  s.  1. 

5418.  Power  to  subpoena  and  to  punish  for  contempt.     The  board  shall 
have  power  to  issue  subpoenas  for  the  attendance  of  witnesses.     Subpoenas 
may  be  issued  in  any  and  all  matters  which  may  lawfully  come  within  the 
powers  of  the  board  and  which  in  the  discretion  of  the  board  require  investi- 
gation; and  it  shall  be  the  duty  of  the  sheriffs,  coroners,  and  constables  to 
serve  such  subpoenas  upon  payment  of  their  lawful  fees. 

The  county  board  of  education  of  each  county  shall  have  power  to  punish 
for  contempt  for  any  disorderly  conduct  or  disturbance  tending  to  disrupt  it 
in  the  transaction  of  official  business. 

Rev.,  ss.  4127,  4128;  1901,  c.  4,  ss.  15,  28. 

5419.  Witness  failing  to  testify  misdemeanor.     Any  witness  who  shall 
wilfully  and  without  legal  excuse  fail  to  appear  before  the  county  board  of 
education  to  testify  in  any  matter  under  investigation  by  the  board,  shall  be 
guilty  of  a  misdemeanor,  and  fined  not  more  than  fifty  dollars  or  imprisoned 
not  more  than  thirty  days. 

Rev.,  s.  3840;  1901,  c.  4,  s.  15. 

5420.  Appeals  to  board  from  county  officers.     An  appeal  shall  lie  from 
all  county  school  officers  to  the  county  board  of  education,  and  such  appeals 
shall  be  regulated  by  rules  to  be  adopted  by  the  county  board  of  education. 

Rev.,  ss.  4125,  4127  ;  1901,  c.  4,  s.  15. 

5421.  Superior  court  to  review  board's  action.     The  superior  courts  of 
the  state  may  review  any  action  of  the  county  board  of  education  affecting 
one's  character  or  right  to  teach. 

Rev.,  s.  4127;  1901,  c.  4,  s.  15. 

5422.  Deeds  to  property  purchased.     All  deeds  to  the  county  board  of 
education  shall  be  registered  and  delivered  to  the  clerk  of  the  superior  court 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  23 

for  safe-keeping,  and  the  secretary  of  the  county  board  of  education  shall  keep 
an  index,  by  township  and  school  districts,  of  all  such  deeds  in  a  book  for 
that  purpose. 

Rev.,  s.  4132;  1901,  c.  4,  s.   32;  1903,  c.   435,  s.   14. 

5423.  Deeds  to  property  sold.     The  deed  for  property  sold  shall  be  exe- 
cuted, by  the  chairman  and  secretary  of  the  board,  and  the  proceeds  of  the 
sale  shall  be  paid  to  the  treasurer  of  the  county  school  fund. 

Rev.,  s.  4130;  1901,  c.   4,  s.   36. 
ART.  7.     COUNTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

5424.  Election;  term  of  office.     The  county  superintendent  of  public  in- 
struction shall  be  elected  by  the  county  board  of  education  on  the  first  Mon- 
day in  July,  one  thousand  nine  hundred  and  five,  and  biennially  thereafter. 
He  shall  hold  his  office  for  a  term  of  two  years  from  the  date  of  his  election 
and  until  his  successor  is  elected  and  qualified.    The  county  board  of  educa- 
tion shall  provide  the  county  superintendent  with  an  office  at  the  county-seat, 
in  the  county  courthouse  if  possible. 

Rev.,  ss.  4135,  4139;  1907,   c.  835,  s.   1  (1). 

5425.  Eligibility.    The  county  superintendent  shall  be  at  the  time  of  his 
election  a  practical  teacher,  and  must  secure  before  assuming  the  duties  of  the 
office  a  superintendent's  certificate  under  the  rules  and  regulations  of  the 
state  board  of  examiners  as  provided  for  in  article  thirty-two  of  this  chapter. 
He  shall  be  a  man  of  good  moral  character  and  of  liberal  education,  and  shall 
otherwise  be  qualified  to  discharge  the  duties  of  his  office  as  required  by  law, 
due  regard  being  given  to  experience  in  teaching. 

Rev.,  s.   4135;  1919,  c.  254,   s.   5. 

NOTE. — For  the  certification  required  of  county  superintendents,   see  this   chapter,   s.   5657. 

5426.  Not  to  teach;  to  reside  in  county.     Every  county  superintendent 
shall  reside  in  the  county  of  which  he  is  superintendent.     It  shall  not  be 
lawful  for  him  to  teach  a  school  while  the  public  schools  of  his  county  are  in 
session ;  but  the  state  board  of  education  may,  for  good  and  sufficient  reason, 
permit  a  county  superintendent  to  so  teach. 

Rev.,  s.  4138;  1901,  c.  4,  s.  44. 

5427.  To  take  oath  of  office.     The  county  superintendent  of  public  in- 
struction, before  entering  upon  the  duties  of  office,  shall  take  oath  for  the 
faithful  performance  thereof. 

Rev.,  s.  4088;  1901,  c.  4,  s.  45. 

5428.  Vacancies.    In  case  of  vacancy  by  death,  resignation,  or  otherwise, 
in  the  office  of  county  superintendent,  such  vacancy  shall  be  filled  by  the 
county  board  of  education. 

Rev.,  s.  4135. 

5429.  Election  reported  to  state  superintendent.     Immediately  after  the 
election  of  the  county  superintendent  of  public  instruction  the  chairman  of 
the  county  board  of  education  shall  report  to  the  state  superintendent  of 
public  instruction  the  name,   address,   experience,  and   qualifications  of  the 
person  elected ;  and  the  person  elected  shall  report  to  the  state  superintendent, 
as  soon  as  he  shall  have  qualified,  the  date  of  such  qualification. 

Rev.,  s.  4136;  1901,  c.  4,  s.   16;   1903,   c.  435,  s.  5. 

5430.  Joint  appointment  in  adjoining  counties.     Any  county  whose  total 
school  fund  does  not  exceed  fifteen  thousand  dollars  may  unite  with   any 


24'  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

adjoining  county,  and  by  agreement  between  the  county  boards  of  education 
of  the  two  counties,  meeting  in  joint  session,  may  employ  a  county  superin- 
tendent who  shall  devote  his  entire  time  to  supervising  impartially  the  educa- 
tional work  of  the  counties  thus  employing  him.  The  agreement  between  the 
two  county  boards  thus  jointly  employing  one  county  superintendent,  as  to 
the  apportionment  of  his  salary  and  expenses,  the  division  of  his  time  and  all 
other  essential  details,  shall  be  recorded  in  the  minutes  of  the  board  of  educa- 
tion of  each  county. 

Rev.,  s.  4135;  1913,  c.  149,  s.   1  (d). 

5431.  Joint  employment  by  districts  in  cities  and  towns.     By  and  with 
the  consent  of  the  county  board  of  education,  the  school  committees  of  two 
or  more  contiguous  districts  in  any  city  or  town  may,  by  a  majority  vote  of 
the  committee  in  each  district,  employ  a  practical  teacher,  who  shall  be  known 
as  the  superintendent  of  the  public  schools  of  such  districts,  and  he  shall 
perform  all  the  duties  of  the  county  superintendent  of  public  instruction  as 
to  such  districts,  and  shall  make  to  the  county  superintendent  all  reports  that 
may  be  necessary  to  enable  him  to  make  his  reports  to  the  state  superin- 
tendent. 

Rev.,  s.  4137;  1889,  c.  199,  s.  47;  1901,  c.  4,  s.  74. 

NOTE. — For  application  of  this  chapter  to  schools  operating  under  this  section,  see  s.  5383. 

5432.  Advises  with  teachers;  may  suspend  teachers.    It  shall  be  the  duty 
of  the  county  superintendent  to  advise  with  the  teachers  as  to  the  best  methods 
of  instruction  and  school  government,  and  to  that  end  he  shall  keep  himself 
thoroughly  informed  as  to  the  progress  of  education  in  other  counties,  cities, 
and  states.    He  shall  have  authority  to  correct  abuses,  and  to  this  end  he  may, 
with  the  concurrence  of  a  majority  of  the  school  committee,   suspend  any 
teacher  who  may  be  guilty  of  any  immoral  or  disreputable  conduct  or  may 
prove  himself  incompetent  to  discharge  efficiently  the  duties  of  a  public  school 
teacher  or  who  may  be  persistently  neglectful  of  such  duties. 

Rev.,  s.  4141. 

5433.  Administers  oaths  to  teachers  and  school  officials.     The  county 
superintendent  of  public  instruction  shall  have  authority  to  administer  oaths 
to  teachers  and  all  subordinate  school  officials  where  an  oath  is  required  of 
the  same. 

Rev.,  s.  4135;  1911,  c.  135,  s.  1  (b). 

5434.  Must  visit  schools.    The  county  superintendent  shall  be  required  to 
visit  the  public  schools  of  his  county  while  in  session,  and  shall  inform  him- 
self of  the  condition  and  needs  of  the  various  schools  within  his  jurisdiction. 

Rev.,  s.  4141. 

5435.  Holds  teachers'  meetings.     The  county  superintendent  shall  hold 
each  year  not  less  than  one  teachers'  meeting  in  each  township,  which  the 
teachers  shall  be  required  to  attend.    If  necessary,  not  exceeding  three  school 
days  may  be  set  apart  for  this  purpose. 

Rev.,  s.  4140;  1901,  c.  4,  s.  38;  1903,  c.  435,  s.  17;  1919,  c.  254,  s.  6. 

5436.  Attends  meetings  of  state  and  district  associations  of  superintend- 
ents.   Unless  providentially  hindered,  he  shall  attend  continuously  during  its 
session  the  annual  meeting  of  the  state  association  of  county  superintendents, 
and  the  annual  meeting  of  the  district  association  of  county  superintendents, 
and  the  county  board  of  education  of  his  county  shall  pay  out  of  the  county 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  25 

school  fund  his  traveling  expenses,  including  board,  and  allow  him  his  per 
diem  while  attending  such  meeting;  but  county  superintendents  employed  on 
salary  shall  not  receive  any  per  diem  while  in  attendance  on  such  meeting. 

Rev.,  s.  4141;  1911,  c.  135,  s.  1  (c). 

5437.  Looks  after  fines,  forfeitures,  and  penalties.    The  county  superin- 
tendent shall  look  after  all  fines,  forfeitures,  and  penalties,  see  that  the  same 
are  placed  to  the  credit  of  the  school  fund,  and  report  the  same  to  the  county 
board  of  education. 

Rev.,  s.  4139;  1901,  c.  4,  s.  36. 

5438.  Is  secretary  to  county  board.    The  county  superintendent  shall  be 
ex  officio  the  secretary  of  the  county  board  of  education.    He  shall  record  all 
proceedings  of  the  board,  issue  all  notices  and  orders  that  may  be  made  by 
the  board  pertaining  to  the  public  schools,   schoolhouses,  sites,  or  districts 
(which  notices  or  orders  it  shall  be  the  duty  of  the  secretary  to  serve  by  mail 
or  by  personal  delivery,  without  cost).    He  shall  also  record  all  school  statis- 
tics.    The  records  of  the  board  and  the  county  superintendent  shall  be  kept 
in  the  office  provided  for  that  purpose  by  the  board. 

Rev.,  s.  4139;  1901,  c.  4,  s.  36. 

5439.  Distributes  blanks  and  books.     It  shall  be  the  duty  of  the  county 
superintendent  to  distribute  to  the  various  school  committees  of  his  county 
all  such  blanks  as  may  be  furnished  by  the  state  superintendent  of  public 
instruction  for  reports  of  school  statistics  of  the  several  districts ;  also  blanks 
for  teachers'  reports  and  for  orders  on  the  treasurer  of  the  county  school  fund 
for  teachers'  salaries.    He  shall  also  distribute  to  the  school  committees  school 
registers  for  their  respective  districts  and  necessary  record  books;  he  shall 
advise  with  the  committee  as  to  the  best  methods  of  gathering  the  school 
statistics  contemplated  by  such  blanks,  and  by  all  proper  means  shall  seek  to 
have  statistics  fully  and  properly  reported. 

Rev.,  s.   4142;   1901,   c.   4,   s.   40. 

5440.  Provides  for  committee's  reports  on  deaf,  dumb,  and  blind  children. 

It  shall  be  the  duty  of  the  county  superintendent  to  require  of  the  school  com- 
mittees, in  enumerating  the  number  of  school  children,  to  make  a  statement 
in  the  report  of  the  number  of  deaf  and  dumb  and  blind  children  between  the 
ages  of  six  and  twenty-one  years,  designating  the  race  and  sex,  and  the 
address  of  the  parent  or  guardian  of  such  children ;  and  the  county  superin- 
tendents are  hereby  required  to  furnish  such  information  to  the  principals 
of  thfe  deaf  and  dumb  and  blind  institutions ;  and  the  superintendent  of  public 
instruction,  in  preparing  blanks  for  reports  required  to  be  made  to  him,  shall 
include  questions  the  answers  to  which  will  furnish  the  information  required 
by  this  section. 

Rev.,   s.   4144;  1901,   c.   4,  s.   43. 

5441.  Reports  monthly  to  county  board.     The  county  superintendent  is 
required  to  make  at  the  end  of  each  calendar  month  during  the  year  a  brief 
report  to  the  county  board  of  education,  setting  forth  a  statement  of  his  work 
and  activities  and  of  the  educational  progress  in  the  county  for  the  month. 
This  report  shall  be  made  on  blanks  prepared  and  furnished  by  the  state 
department  of  public  instruction,  and  a  copy  of  each  monthly  report  shall  be 
sent  to  the  state  superintendent  of  public  instruction. 

Rev.,  s.  4141  ;  1917,  c.   285,  s.   2. 


26  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5442.  Reports  annually  to  state  superintendent;  contents  of  report.     On 

or  before  the  first  Monday  in  July  of  each  year,  it  shall  be  the  duty  of  each 
county  superintendent  to  report  to  the  state  superintendent  of  public  instruc- 
tion an  abstract  statement  of  the  number,  grade,  race,  and  sex  of  the  teachers 
examined  and  approved  by  him  during  the  year;  also  the  number  of  public 
schools  taught  in  the  county  during  the  year  for  each  race,  the  number  of 
children  of  school  age  in  each  school  district,  the  number  enrolled  in  each 
school  district,  the  average  daily  attendance  in  each  district,  by  race  and  sex, 
and  the  number  of  all  persons  in  the  county  between  the  ages  of  twelve  and 
twenty-one  who  cannot  read  and  write.  He  shall  also  report,  by  race  and 
sex,  the  number  of  pupils  enrolled  in  all  the  schools,  their  average  attendance, 
the  average  length  of  terms  of  the  schools,  and  the  average  salary  for  the 
teachers  of  each  race ;  the  number  of  school  districts  for  each  race,  and  any 
new  school  districts  laid  out  during  the  year  shall  be  specified  in  his  report. 
He  shall  also  report  the  number  of  public  schoolhouses  and  the  value  of  the 
public  school  property  for  each  race,  the  number  of  teachers'  institutes  held, 
the  number  of  teachers  attending  such  institutes,  together  with  suggestions 
as  may  occur  to  him  promotive  of  the  school  interest  of  the  county.  He  shall 
record  in  his  book  an  accurate  copy  of  such  report. 

Rev.,  s.   4143;  1901,  c.   4,  s.  41. 

5443.  Removal  for  nonperformance  of  duties.    If  any  county  superintend- 
ent fail  or  refuse  to  perform  any  of  the  duties  required  of  him  by  this  chap- 
ter, he  shall  be  subject  to  removal  from  his  office  by  the  county  board  of  educa- 
tion upon  the  complaint  of  the  state  superintendent  of  public  instruction. 

Rev.,  s.  4143;  1901,  c.  4,  s.  41. 

ART.  8.  THE  TREASURER  OF  THE  COUNTY  SCHOOL  FUND 

5444.  County  treasurer  is.    The  county  treasurer  of  each  county  shall  be 
the  treasurer  of  the  school  funds  in  his  county. 

Rev.,   s.   4152;   1901,   c.  4,   s.  46. 

5445.  Bond.     Before  entering  upon  the  duties  of  his  office  the  treasurer 
shall  execute  a  justified  bond,  with  security,  in  an  amount  to  be  fixed  by  the 
board  of  county  commissioners,  not  less  than  the  moneys  received  by  him  or 
his  predecessor  during  the  previous  year,  conditioned  for  the  faithful  per- 
formance of  his  duties  as  treasurer  of  the  county  school  fund,  and  for  the 
payment  over  to  his  successor  in  office  of  any  balance  of  school  moneys  that 
may  be  in  his  hands  unexpended.     This  bond  shall  be  a  separate  bond,  not 
including  liabilities  for  other  funds,  and  shall  be  approved  by  the  board  of 
county  commissioners ;  and  that  board  may  from  time  to  time,  if  necessary, 
require  him  to  strengthen  his  bond. 

Rev.,  s.  4152  ;  1901,  c.  4,  ss.  46,  47. 

5446.  Action  on  bond,  state  on  relation  of  county  commissioners.     The 

board  of  county  commissioners  shall  bring  action  in  the  name  of  the  state 
upon  the  relation  of  the  board  for  any  breach  of  the  bond  of  the  treasurer 
of  the  county  school  fund,  and  on  its  failure  to  bring  such  action  it  may  be 
brought  in  the  name  of  the  state  upon  the  relation  of  any  taxpayer. 

Rev.,  s.  4153;  1901,  c.  4,  s.  47. 

5447.  Receives  and  disburses  school  funds.     The  treasurer  shall  receive 
and  disburse  all  public  school  funds,  and  shall  keep  the  same  separate  and 
distinct  from  all  other  funds. 

Rev.,  s.   4152;  1901,  c.   4,  s.  46. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  27 


5448.  Keeps  account  of  receipts;  receives  only  money.     The  treasurer 
shall  keep  a  book  in  which  shall  be  entered  a  full  and  detailed  account  of  all 
public  school  moneys  received  by  him,  the  name  of  each  person  paying  him 
school  money,  the  source  from  which  the  same  may  have  been  derived,  and 
the  date  of  such  payment.     When  the  sheriff  or  other  collecting  officer  pays 
over  money  to  him,  he  shall  designate  the  items,  and  these  items  shall  be 
stated  in  the  receipts  given  by  the  treasurer.     In  his  settlement  with  the 
sheriff  or  other  collecting  officer  of  public  school  funds  the  treasurer  shall 
receive  money  only. 

Rev.,  ss.  4154,  4158;  1901,  c.  4,  ss.  52,  56. 

5449.  Keeps  account  with  each  township  and  district.     It  shall  be  the 
duty  of  the  treasurer  of  the  county  school  fund  to  keep  a  book  in  which  he 
shall  open  an  account  with  each  school  district,  showing  the  amount  appor- 
tioned to  such  district.    He  shall  record  all  payments  of  school  money,  giving 
the  date,  the  amount,  the  person  to  whom  paid,  and  for  what  purpose  paid. 
He  shall  balance  the  account  of  each  district  annually  on  the  thirtieth  of  June, 
and  shall  report  by  letter  or  printed  circular,  within  ten  days  thereafter,  such 
balances  to  the  county  board  of  education  and  to  the  school  committee. 

Rev.,  s.  4157;  1901,  c.  4,  s.  49;  1919,  c.  254,  s.  10. 

5450.  Disbursements.    Every  order  for  the  payment  of  a  teacher's  salary, 
for  building,  repairs,  school  furnishing,  or  for  the  payment  of  money  for  any 
purpose  whatsoever,  before  it  shall  be  a  valid  voucher  for  the  county  treasurer, 
shall  be  signed  first  by  at  least  two  members  of  the  school  committee,  then 
by  the  county  superintendent.    No  order  shall  be  signed  by  the  county  super- 
intendent for  more  money  than  is  to  the  credit  of  that  district  for  the  fiscal 
year,  nor  shall  he  endorse  the  order  of  any  teacher  who  does  not  produce  a 
certificate  as  required  by  law.     The  treasurer  shall  not  pay  any  money  for 
building  or  repairing  any  schoolhouse  unless  the  site  on  which  it  is  located 
has  been  donated  to  or  purchased  by  the  county  board  of  education  and  the 
deed  for  the  same  regularly  executed  and  delivered  to  such  board  and  pro- 
bated and  registered  in  the  office  of  the  register  of  deeds  for  the  county  and 
delivered  to  the  clerk  of  the  superior  court,  to  be  by  him  safely  deposited  with 
his  valuable  official  papers  and  surrendered  to  his  successor  in  office.     The 
treasurer  of  the  county  school  fund  shall,  on  the  last  Saturday  of  each  month, 
attend  at  his  office  for  the  purpose  of  paying  school  orders,  but  this  shall  not 
prevent  the  paying  of  orders  at  other  times. 

Rev.,  ss.  4155,  4156;  1901,  c.  4,  ss.  48,  58. 

5451.  Annual   report   to   state   superintendent.     The    treasurer    of   any 
county,  town,  or  city  school  fund  shall  report  to  the  state  superintendent  of 
public  instruction  on  the  first  Monday  of  August  of  each  year  the  entire 
amount  of  money  received  and  disbursed  by  him  during  the  preceding  school 
year,  designating  by  items  the  amounts  received,  respectively,  from  property 
tax,   poll  tax,  liquor  licenses,   fines,   forfeitures,   and   penalties,   auctioneers, 
estrays,  from   the  state  treasurer   and  from  other   sources.     He   shall   also 
designate  by  item  the  sum  paid  to  teachers  of  each  race,  respectively,  the 
sums  paid  for  schoolhouses,  school  sites  in  the  several  districts,  and  for  all 
other  purposes,  specifically  and  in  detail,  by  item. 

Rev.,  s.  4158;  1901,  c.  4,  ss.  51,  56;  1913,  c.  149,  s.  1  (i). 

5452.  Report  to  county  board.     On  the  same  date  that  he  reports  to  the 
state  superintendent  he  shall  file  a  duplicate  of  such  report  in  the  office  of 


28  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

the  county  board  of  education.  He  shall  make  such  other  reports  as  the 
county  board  may  require  from  time  to  time. 

Rev.,  s.  4158;  1901,  c.  4,  ss.  51,  56. 

5453.  Exhibit  books,  vouchers,  and  money  to  county  board.     The  treas- 
urer of  the  county  school  fund  shall,  when  required  by  the  county  board  of 
education,  produce  his  books  and  vouchers  for  examination,  and  shall  also 
exhibit  all  moneys  due  the  public  school  fund  of  the  county  at  such  settlement 
required  by  this  article. 

Rev.,  s.  4160;  1901,  c.  4,  s.  50. 

5454.  Duties  on  expiration  of  term.    Each  treasurer  of  the  county  school 
fund,  in  going  out  of  office,  shall  deposit  in  the  office  of  the  board  of  education 
of  his  county  his  books  in  which  are  kept  his  school  accounts,  and  all  records 
and  blanks  pertaining  to  his  office.     If  his  term  expires  on  the  thirtieth  day 
of  November  during  any  fiscal  school  year,  or  if  for  any  reason  he  shall  hold 
office  beyond  the  thirtieth  day  of  November  and  not  for  the  whole  of  the  cur- 
rent fiscal  school  year,  he  shall  at  the  time  he  goes  out  of  office  file  with  the 
county  board  of  education  and  with  his  successor  a  report,  itemized  as  re- 
quired by  law,  covering  the  receipts  and  disbursements  for  that  part  of  the 
fiscal  school  year  from  the  thirtieth  of  June  preceding  to  the  time  at  which 
he  turns  over  his  office  to  his  successor,  and  his  successor  shall  include  in  his 
report  to  the  state  superintendent  the   receipts  and  disbursements  for  the 
current  fiscal  year. 

Rev.,  s.  4159;  1901,  c.  4,  ss.  57,  58. 

5455.  Where  treasurer's  office  abolished,  banks,  etc.,  to  report.     In  all 

counties  in  which  the  office  of  county  treasurer  has  been  abolished  all  banks 
or  other  corporations  handling  the  public  school  funds  shall  be  required  to 
make  all  reports  required  of  the  treasurer  of  the  county  school  fund. 

1915,  c.  236,  s.  1. 

5456.  Treasurers  of  school  fund  failing  to  report  a  misdemeanor.    If  any 

treasurer  of  the  county,  town,  or  city  school  fund  shall  fail  to  make  reports 
required  of  him  at  the  time  and  in  the  manner  prescribed,  or  to  perform  any 
other  duties  required  of  him  by  law,  he  shall  be  guilty  of  a  misdemeanor,  and 
be  fined  not  less  than  fifty  dollars  and  not  more  than  two  hundred  dollars, 
or  imprisoned  not  less  than  thirty  days,  nor  more  than  six  months,  in  the  dis- 
cretion of  the  court. 

Rev.,  s.  3839;  1901,  c.  4,  s.  53;  1913,  c.  149,  s.  2. 

ART.  9.     SCHOOL  COMMITTEE 

5457.  Membership;  appointment.     There   shall   be   in   each   township   a 
school  committee,  consisting  of  three  persons,  appointed  by  the  county  board 
of  education  in  succession  to  the  school  committeemen  appointed  by  the  county 
board  on  the  first  Monday  in  July,  nineteen  hundred  and  thirteen.    The  county 
board  at  its  meeting  on  the  first  Monday  in  July  of  each  year  shall  appoint 
one  member  of  the  school  committee  in  place  of  the  member  whose  term  has 
just  expired. 

But  this  provision  shall  not  affect  those  counties  wherein,  on  the  first  Mon- 
day in  July,  nineteen  hundred  and  thirteen,  the  county  board  elected  school 
committeemen  by  school  districts  and  not  by  townships,  and,  in  the  case  of 
such  counties,  the  successors  to  school  committeemen  may,  as  their  terms 
expire,  be  elected  by  districts. 

Rev.,  s.  4145;  1913,  c.  149,  s.  1  (e). 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  29 

5458.  Term  of  office.     The  term  of  office  of  each  school  committeeman 
continues  three  years  and  until  his  successor  is  duly  appointed  and  qualified. 

Rev.,  s.  4145;  1913,  c.  149,  s.  1  (e). 

5459.  Oath  of  office.    Each  school  committeeman  before  entering  on  the 
duties  of  office  shall  take  oath  for  the  faithful  performance  thereof. 

Rev.,  8.  4088;  1901,  c.  4,  s.  45. 

5460.  Vacancies.    If  a  vacancy  shall  occur  at  any  time  by  death,  resigna- 
tion, or  otherwise,  the  county  board  shall  fill  such  vacancy. 

Rev.,  s.  4145. 

5461.  Eligibility.     Each  school  committeeman  shall  be  a  man  of  intelli- 
gence, of  good  moral  character,  and  of  good  business  qualifications,  and  known 
to  be  in  favor  of  public  education. 

Rev.,  s.  4145  ;  1913,  c.   149,  s.   1  (e)  ;  1917,  c.   285,  s.   3. 

5462.  Compensation  of  members.     The  county  board  has  the  power  to 
pay  to  each  member  of  the  township  committee  one  dollar  per  day  for  not 
more  than  four  days  per  annum ;  but  committeemen  elected  for  school  districts 
shall  serve  without  compensation.    The  township  committee  shall  be  paid  for 
taking  the  census  at  the  rate  of  two  cents  per  name,  and  may  be  paid  each 
one  dollar  per  day  for  not  exceeding  four  days  each  year  for  such  additional 
services  as  may  be  rendered  by  the  committee  in  the  discharge  of  their  legal 
duties. 

Rev.,  s.  4145  ;  1909,  c.  769,  s.  1. 

NOTE. — For  compensation  of  census  taker,  see  s.   5743. 

5463.  Organization  of  committee.     The  school  committee,  within  twenty 
days  after  their  election,  shall  meet  and  elect  from  their  number  a  chairman 
and  secretary,  and  shall  keep  a  record  of  their  proceedings  in  a  book  to  be 
kept  for  that  purpose.    The  name  and  address  of  the  chairman  and  secretary 
shall  be  reported  to  the  county  superintendent  and  recorded  by  him. 

Rev.,  s.  4146;  1901,  c.  4,  s.  18. 

5464.  Powers  as  to  school  property.     The  school  committee  shall  be  in- 
trusted with  the   care   and   custody   of   all   schoolhouses,   schoolhouse   sites, 
grounds,  books,  apparatus,  or  other  public  school  property  in  the  township, 
with  full  power  to  control  the  same,  as  they  may  deem  best  for  the  interest 
of  the  public  schools  and  the  cause  of  education.     Every  township  committee 
shall  appoint  one  man  in  each  school  district  in  the  township  to  look  after 
the  schoolhouse  and  property  and  advise  with  the  committee. 

Rev.,  ss.  4145,  4147;  1901,  c.  4,  s.  19. 

5465.  Lease  of  school  grounds  in  cities  or  towns  to  municipalities  for 
park  purposes.     The  board  of  trustees  of  the  schools  of  any  incorporated 
city  or  town  may,  in  their  discretion,  lease  the  school  grounds  within  the 
corporate  limits  of  the  city  or  town  to  the  proper  city  or  town  authorities  for 
use  as  a  public  or  municipal  park  during  such  period  of  the  year  as  the  same 
are  not  used  for  school  purposes ;  and  all  money  derived  therefrom  shall  be 
used  and  accounted  for  by  said  school  trustees  exclusively  for  the  maintenance 
of  the  public  graded  or  high  schools  of  such  city  or  town. 

1917,  c.   102,  s.   4. 

5466.  Powers;  purchase  of  supplies.    The  committee  shall  have  authority 
to  purchase  the  supplies  necessary  for  conducting  the  schools  and  for  repairs, 


30  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

to  an  amount  not  to  exceed  in  the  aggregate  the  sum  of  twenty-five  dollars 
in  any  one  year  for  each  school;  but  nothing  in  this  section  shall  be  so  con- 
strued as  to  give  school  committees  the  right  to  make  expenditures  without 
the  order  of  the  county  board.  No  committee  shall  give  an  order  unless  the 
money  to  pay  it  is  actually  to  the  credit  of  the  district,  and  no  part  of  the 
school  fund  for  one  year  shall  be  used  to  pay  school  claims  for  any  previous 
year. 

Rev.,  ss.  4149,  4150;  1901,  c.  4,  ss.  21,  34,  35;  1903,  c.  435,  s.  16;  1905,  c.  533,  s.  19. 

5467.  Keeps  record  of  receipts,  expenditures,  and  contracts.     The  school 
committee  for  each,  township  or  district  shall  keep  a  book  in  which  shall  be 
recorded  an  itemized  statement  of  all  moneys  apportioned  to,  received,  and 
expended  by  them  for  each  school,  and  a  copy  of  all  contracts  made  by  them 
with  teachers. 

Rev.,  s.  4149. 

5468.  Reports  to  board  on  schoolhouses  and  school  property.    The  school 
committee  shall  report  to  the  county  superintendent,  who  in  turn  shall  report 
to  the  county  board  of  education,  the  number  of  public  schoolhouses  and  the 
value  of  all  public  school  property  for  each  race,  separately. 

Rev.,  s.  4148;  1915,  c.  236,  s.  1  (f). 

ART.   10.     SCHOOL  DISTRICTS 

5469.  County  board  divides  territory  into  school  districts.     The  county 
board  of  education  shall  divide  the  townships,  or  the  entire  county  or  any 
part  of  the  county,  into  convenient  school  districts,  as  compact  in  form  as 
practicable.     It  shall  consult  the  convenience  and  necessities  of  each  race  in 
setting  the  boundaries  of  the  school  district  for  each  race. 

Rev.,  s.  4129;  1917,   c.   285,  s.   1. 

5470.  May  be  formed  of  portions  of  contiguous  townships.     Nothing  in 
this  chapter  shall  prevent  the  board,  whenever  it  shall  deem  it  necessary  for 
the  good  of  the  public  schools,  from  forming  a  school  district  out  of  portions 
of  two  or  more  contiguous  townships. 

Rev.,  s.   4129. 

5471.  By  agreement  formed  of  portions  of  contiguous  counties.     School 
districts  may  be  formed  out  of  portions  of  contiguous  counties  by  agreement 
and  consent  of  the  county  boards  of  education  of  the  two  counties.     In  case 
of  the  formation  of  such  districts,  the  per  capita  part  of  the  public  school 
money  due  the  children  residing  in  one  county  shall  be  apportioned  by  the 
county  board  of  education  of  that  county  and  paid  to  the  treasurer  of  the 
other  county  in  which  the  schoolhouse  is  located,  to  be  placed  to  the  credit 
of  the  school  district  so  formed. 

Rev.,  s.  4129. 

5472.  Limitations  on  creation  of  new  districts.     The  county  board  shall 
establish  no  new  school  in  any  township  within  less  than  three  miles,  by  the 
nearest  traveled  route,  of  some  school  already  established  in  that  township. 
It  shall  not  create  any  school  district  with  less  than  sixty-five  children  of 
school  age,  unless  such  district  shall  contain  at  least  twelve  square  miles  or 
shall  be  separated  by  dangerous  natural  barriers  from  a  schoolhouse  in  the 
district  of  which  the  proposed  new  district  is  a  part.     In  no  case  shall  any 
new  district  or  school  be  established  under  this  article  if  the  number  of  schools 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  31 

or  districts  existing  January  first,  one  thousand  nine  hundred  and  nineteen, 
is  increased  thereby. 

Rev.,  4129;  1909,  c.  856,  s.  1;  1919,  c.  254,  s.  12. 

5473.  Redistricting  and  consolidating.    The  county  board  of  education  is 
hereby  authorized  and  empowered  to  redistrict  the  entire  county  or  any  part, 
thereof  and  to  consolidate  school  districts  wherever  and  whenever  in  its  judg- 
ment the  redistricting  or  the  consolidation  of  districts  will  better  serve  the 
educational  interests  of  the  township,  or  the  county,  or  any  part  of  the  county. 

Rev.,  s.  4129;  1917,  c.  285,  s.  1. 

5474.  Changing   boundaries.      The    county    board    of    education    of    any 
county  is  authorized  and  empowered  to  change  the  boundary  lines  between 
local-tax  school  districts,  urban  and  rural,  and  to  consolidate  such  districts 
in  that  county  upon  satisfactory  evidence  furnished  to  the  board  that  the  con- 
venience and  best  interests  of  the  residents  of  the  district  require  the  change. 
A  change  in  boundaries  made  under  this  authority  shall  not  have  the  effect  of 
releasing  any  taxpayer  from  the  obligation  of  paying  his  school  taxes,  but 
shall  only  transfer  the  taxpayer  and  his  property  from  one  local-tax  district 
to  another. 

Rev.,  s.  4129 ;  1911,  c.  135,  s.  1  ;  1917,  c.  285,  s.  5. 

5475.  Provision   for   transportation   of   pupils  in   consolidated   districts. 

Upon  the  consolidation  of  two  or  more  school  districts  into  one  by  the  county 
board  of  education,  the  said  county  board  is  authorized  and  empowered  to 
make  provision  for  the  transportation  of  pupils  in  that  consolidated  district 
that  reside  too  far  from  the  schoolhouse  to  attend  without  transportation, 
and  to  pay  for  the  same  out  of  the  apportionment  to  that  consolidated  district. 
The  daily  cost  of  transportation  per  pupil  shall  not  exceed  the  daily  cost  per 
pupil  of  providing  a  separate  school  in  a  separate  district  for  said  pupils. 

Rev.,  s.  4129;  1911,  c.  135,  s.  1  (a). 

5476.  Interchange  of  pupils  by  counties.     County  boards  of  education  of 
any  two  contiguous  counties  are  authorized  to  transfer  children  from  a  school 
district  of  one  county  to  the  adjacent  school  district  in  the  other  county  for 
the  convenience  of  the  children  transferred,  and  to  arrange  by  agreement  for 
reasonable  compensation  out  of  the  county  school  fund  of  the  county  from 
which  such  transfers  are  made,  to  be  placed  to  the  credit  of  the  school  district 
in  the  other  county  in  which  the  children  transferred  attend  school. 

Rev.,  s.  4129;  1911,  c.  135,  s.  1;  1917,  c.  285,  s.  5. 

5477.  Credits  on  tuition  to  nonresidents  whose  children  attend  in  district. 

Any  parent  or  person  in  loco  parentis  residing  outside  of  any  special-tax  dis- 
trict, urban  or  rural,  chartered  or  otherwise,  and  owning  property  within 
said  district  whose  child,  children,  or  wards  shall  attend  school  in  said  dis- 
trict, shall  be  entitled  to  receive  as  a  credit  on  the  tuition  of  said  child,  chil- 
dren, or  wards  the  amount  of  special  school  taxes  paid  on  said  property. 

1915,  c.  93. 

5478.  Enlargement  of   graded   school  districts  in  towns.     Any   graded 
school  district  in  an  incorporated  city  or  town  may  be  enlarged  so  as  to  include 
territory  situate  outside  of  and  contiguous  to  the  corporate  limits  of  such  city 
or  town  in  the  manner  herein  provided. 

1.  Election  upon  petition  by  school  authorities.  Upon  the  written  petition 
of  a  majority  of  the  members  of  the  school  committee  or  board  of  trustees  of 
such  graded  school  district,  which  petition  shall  describe  the  boundaries  of 


32  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

the  territory  to  be  included,  and  which  shall  be  indorsed  by  the  county  board 
of  education,  the  board  of  county  commissioners  shall  order  an  election  to  be 
held  in  the  new  territory  to  be  so  included. 

2.  Law  governing  election.    The  election  so  ordered  shall  be  held  in  the  man- 
ner and  form  provided  by  law  for  elections  for  the  establishment  of  special 
school  tax  districts. 

3.  Effect  of  election.     In  case  a  majority  of  the  qualified  voters  in  the  new 
territory  shall  vote  at  such  election  in  favor  of  a  special  tax  of  the  same  rate 
as  that  authorized  and  collected  in  the  graded  school  district  to  which  the 
said  territory  is  contiguous,  then  the  said  territory  shall  be  added  to  and 
become  a  part  of  the  said  graded  school  district ;  and  in  case  a  majority  shall 
vote  against  said  tax  the  district  shall  not  be  so  enlarged. 

4.  Transfer  of  persons  living  contiguous  into  district.    Upon  written  petition 
of  one  or  more  inhabitants  whose  property  is  contiguous  to  said  special  char- 
tered or  local  tax  district,  the  county  board  of  education  may  transfer  such 
individual  or  individuals  to  said  district,  and  there  shall  be  levied  upon  the 
property  and  poll  of  each  individual  so  transferred  the  same  tax  as  is  levied 
upon  other  property  and  polls  of  said  district. 

5.  Levy  and  collection  of  tax.    Upon  the  enlargement  of  the  graded  school 
district  as  provided  herein  there  shall  be  levied  and  collected  annually  in  the 
new  territory  a  special  tax,  which  tax  shall  not  exceed  that  levied  and  col- 
lected in  the  original  graded  school  district.    This  tax  shall  be  levied  and  col- 
lected by  the  county  authorities  in  the  same  manner  provided  for  the  collec- 
tion of  other  taxes. 

6.  Tax  to  school  funds.    Upon  the  collection  of  such  tax  it  shall  be  placed 
to  the  credit  of  the  committee  or  trustees  of  the  said  graded  school  district 
so  enlarged. 

1917,  c.  104  ;  1919,  c.  254,  s.  17. 

5479.  Incorporation   and  boundaries  of  graded  school  districts.     Every 
graded  school  district  in  this  state  which  is  situated  entirely  within  the  cor- 
porate limits  of  an  incorporated  city  or  town  containing  no  other  graded 
school  district  in  whole  or  in  part,  and  which,  by  reason  of  changes  made  in 
the  corporate  limits  of  such  city  or  town  after  the  establishment  of  such 
graded  school  district,  is  not  coterminous  with  such  city  or  town,  is  hereby 
made  coterminous  with  such  city  or  town.     Every  graded  school  district  in 
this  state  is  hereby  incorporated  and  authorized  to  adopt  a  corporate  seal. 
The  name  of  such  corporation  shall  be  the  name  by  which  such  school  district 
is  known. 

1919,   c.   143. 

SUBCHAPTER  III.     REVENUE  :  SOURCES  AND 
APPORTIONMENT 

ART.  11.     STATE  PUBLIC  SCHOOL  FUND 

5480.  State  literary  fund.    All  funds  of  the  state  heretofore  derived  from, 
the  sources  enumerated  in  section  four,  article  nine  of  the  state  constitution^ 
and  all  funds  that  may  be  hereafter  so  derived,  together  with  any  interest 
that  may  accrue  thereon,  shall  be  a  fund  separate  and  distinct  from  the  other 
funds  of  the  state,  to  be  known  as  the  State  Literary  Fund. 

Rev.,  s.  4093;  1901,  c.  4,  s.  4  ;  1903,  c.  567,  s.  1. 

NOTE. — From  the  state  literacy  fund  appropriations  are  made  for  loans  to  counties  for 
schoolhouses,  etc.,  and  in  consequence  the  fund  is  sometimes  called  "State  Loan  Fund."  See 
sec.  5672. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  33 

5481.  The  state  public  school  fund.     There  shall  be  annually  levied  and 
collected  a  tax  of  thirty-two  cents  on  every  hundred  dollars  valuation  of 
taxable  property  in  the  state  for  the  maintenance  of  the  public  schools  of  the 
state,  and  the  funds  derived  therefrom  shall  be  a  separate  fund  in  the  hands 
of  the  state  treasurer  to  be  known  as  The  State  Public  School  Fund,  and  the- 
treasurer  shall,  on  the  first  day  of  December  of  each  year,  certify  to  the  state 
board  of  education  the  amount  of  the  funds  derived  or  to  be  derived  from 
said  tax  for  that  school  year. 

1919,  c.  102,  s.  1. 

5482.  Apportionment  of  state  public  school  fund.    Out  of  the  state  public 
school  fund  the  state  board  of  education  shall  apportion  annually  to  each 
county  of  the  state,  on  or  before  the  first  day  of  January  of  every  year,  a 
sum  suflicient  to  pay  one-half  the  annual  salary  of  the  county  superintendent 
and  three  months  salary  of  all  teachers  of  all  sorts  employed  in  the  public 
schools  of  the  county,  including  the  teachers  of  city,  town,  township,  and  all 
special  chartered  schools,  and  one-third  the  annual  salary  of  all  city  superin- 
tendents :  Provided,  that  no  part  of  this  fund  shall  be  used  to  pay  the  salaries 
of  teachers  who  receive  appropriations  from  other  state  funds. 

1919,  c.  102,  s.  2. 

5483.  Reduction  of  special  county  and  district  taxes.    The  board  of  county 
commissioners  of  any  county  or  any  other  governing  body  having  authority, 
upon  petition  signed  by  a  majority  of  the  school  committeemen  of  any  local 
tax  district  and  approved  by  the  county  board  of  education,  or  upon  petition 
signed  by  a  majority  of  the  school  committeemen  of  any  specially  chartered 
school  district,  shall  reduce  the  special  tax  levy  in  said  local  tax  district  or 
specially    chartered    school    district:  Provided,    the    reduction    shall    not    be 
greater  than  the  increase  in  the  tax  rate  in  that  particular  district  that  will 
result  because  of  the  operation  of  this  article. 

The  county  commissioners  of  any  county,  upon  petition  of  a  majority  of  the 
county  board  of  education,  shall  reduce  any  special  county  school  tax  levy 
that  has  been  voted  on  the  county :  Provided,  such  reduction  shall  not  be 
greater  than  the  increase  that  will  result  because  of  the  operations  of  this 
article. 

1919,  c.  102,  s.  3. 

5484.  Manner  of  payment.    Upon  requisition  of  the  state  superintendent 
of  public  instruction  the  state  auditor  shall  issue  his  warrant  upon  the  state 
treasurer,  payable  to  the  treasurer  of  the  county  school  fund,  for  the  appor- 
tionment made  under  this  article  to  each  county.     The  state  treasurer  is 
required  to  pay  such  warrant  promptly  upon  presentation  by  the  treasurer 
of  the  county  school  fund  and,  if  necessary,  to  borrow  in  the  name  of  the 
state  the  funds  needed  for  such  payments :  Provided,  that  after  the  school 
year  1919-1920  the  county  board  of  education  shall  submit  to  the  state  board 
of  education,  together  with  the  county  budget,  a  certificate  from  the  state  tax 
commission  to  the  effect  that  the  property  of  said  county  has  been  assessed 
in  accordance  with  the  provisions  of  law. 

1919,  c.  102,  s.  4. 

5485.  County  board  to  submit  budget  to  state  superintendent;  special 
county  tax  for  six  months  term.    On  or  before  the  first  Monday  of  November 
of  each  year  the  county  board  of  education  shall  submit  to  the  state  board  of 

3 


34  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

education,  on  blanks  furnished  by  the  state  superintendent  of  public  instruc- 
tion, its  county  school  budget  for  the  ensuing  year.  The  county  board  of  edu- 
cation shall  further  make  oath  that  adequate  provision  has  been  made  as 
required  under  this  article  for  a  six  months  school  term  in  every  school 
district  of  the  county,  including  city  or  town  public  schools,  the  rate  of  special 
county  school  tax  levied  therefor,  and  the  aggregate  fund  derived  or  to  be 
derived  therefrom.  No  county  shall  receive  any  part  of  the  funds  appro- 
priated by  the  state  under  this  article  until  it  has  levied  the  special  county 
school  tax  herein  required  of  it  for  a  six  months  school  term  in  every  school 
district. 

1919,  c.  102,  s.  5. 

5486.  County  commissioners  to  levy  required  tax  for  six  months  school 
term.    On  or  before  the  first  Monday  in  May  of  each  year  the  county  board 
of  education  shall  submit  an  itemized  county  school  budget  to  the  county 
commissioners,  setting  forth  the  amount  of  money  needed  to  maintain  the 
public  schools  of  the  county  six  months  for  the  succeeding  school  year.     Such 
budget  shall  also  set  forth  the  number  of  teachers,  both  white  and  colored, 
employed  in  each  district  and  the  salary  fixed  for  each  teacher,  and  such 
other  information  as  may  be  required  by  the  state  superintendent  of  public 
instruction  in  the  blanks  to  be  furnished  by  him  to  each  county  board  of 
education.     The  budget  shall  be  sworn  to  and  subscribed  by  the  chairman 
of  the  county  board  of  education  and  the  county  superintendent  of  schools. 
A  copy  thereof  shall  also  be  filed  in  the  office  of  the  state  superintendent  of 
public  instruction.     It  shall  then  be  the  duty  of  the  board  of  county  commis- 
sioners, after  deducting  the  amount  to  be  received  from  the  state  public  school 
fund,  to  levy  annually  a  special  tax  on  all  property,  real  and  personal,  and 
on  all  taxable  polls,  subject  to  the  constitutional  limitation  of  the  poll  tax, 
in  said  county,  sufficient  to  supply  the  deficiency  shown  by  the  budget  to  be 
needed  for  the  support  and  maintenance  of  the  public  schools  of  said  county 
for  six  months  in  each  school  district.     Such  tax  shall  be  annually  levied  and 
collected  at  the  same  time  and  in  the  same  manner  as  other  county  taxes  are 
levied  and  collected,  and  the  funds  derived  therefrom,  together  with  other 
school  funds  in  their  hands,  shall  be  apportioned  and  expended  by  the  county 
board  of  education  for  maintaining  one  or  more  public  schools  in  each  school 
district  for  a  term  of  six  months  in  each  year :  Provided,  that  no  county  shall 
be  compelled  to  levy  a  special  county  tax  of  more  than  thirty-five  cents  on 
every  one  hundred  dollars  valuation  of  property,  real  and  personal,  and  a 
corresponding  tax  on  every  taxable  poll  for  said  purpose,  except  as  provided 
in  the  next  succeeding  section ;  and  after  every  county  has  levied  and  collected 
the  special  county  tax  to  the  limit  stated  above,  if  the  funds  derived  there- 
from may  be  insufficient  therefor,  the  county  shall   receive  from  the  state 
public  school  fund  an  apportionment  sufficient  to  bring  the  school  term  in 
every  school  district  to  six  months. 

1919,  c.  102,  s.  6. 

5487.  Incidental  expense  fund.    All  poll  tax,  fines,  forfeitures,  penalties, 
and  all  public  school  revenues,  other  than  that  derived  from  the  state  public 
school  fund  and  the  special  county  tax,  shall  be  placed  to  the  credit  of  the 
incidental  expense  fund  and  the  building  fund,  as  provided  in  the  budget,  and 
if  this  amount  is  insufficient  for  these  funds,  the  county  board  of  education 
may  provide  in  the  county  school  budget  for  an   additional  amount  not  to 


PUBLIC  SCHOOL  LAW  OF  EOKTH  CAROLINA  35 

exceed  twenty-five  per  cent  of  the  teachers'  salary  fund,  and  the  county  tax 
may  be  increased  sufficiently  beyond  the  maximum  levy  of  thirty-five  cents 
to  provide  this  amount  if  it  shall  appear  necessary  to  the  county  board  of 
education  and  the  county  commissioners. 

1919,  c.  102,  s.  7. 

5488.  Procedure  in  case  of  disagreement  or  refusal  of  county  commis- 
sioners to  levy  school  tax.     In  the  event  of  a  disagreement  between  the 
county  board  of  education  and  the  board  of  county  commissioners  as  to  the 
amount  to  be  provided  by  the  county  for  the  maintenance  of  a  six  months 
school  term,  and  as  to  the  rate  of  tax  to  be  levied  therefor,  or  in  the  event 
of  the  refusal  of  any  board  of  county  commissioners  to  levy  said  tax,  the 
county  board  of  education  shall  bring  action  in  the  nature  of  a  mandamus 
against  the  board  of  county  commissioners  to  compel  the  levying  of  such 
special  tax  under  the  provisions  of  the  article  entitled  Mandamus  of  the  chap- 
ter on  Civil  Procedure.     And  it  shall  be  the  duty  of  the  judge  hearing  the 
same  to  find  the  facts  as  to  the  amount  needed  and  the  amount  available 
from  the  sources  herein  specified,  which  findings  shall  be  conclusive,  and  to 
give  judgment  requiring  the  county  commissioners  to  levy  the  sum  which  he 
finds  necessary  to  maintain  the  schools  for  six  months  in  every  school  district 
in  the  county.    Any  board  of  county  commissioners  failing  to  obey  such  order 
and  to  levy  the  tax  shall  be  guilty  of  a  misdemeanor  and  shall  be  prosecuted 
therefor  in  the  superior  court. 

1919,  c.  102,  s.  8. 

5489.  Consolidation  of  districts ;  elimination  of  small  schools.    The  appor- 
tionment  of  the  state  public   school   fund   shall   be   administered   so   as   to 
encourage  consolidation  of  districts  and  the  elimination  of  small  schools  or 
small  districts,  and  the  state  board  of  education  may  refuse  to  apportion  any 
part  of  the  fund  to  any  school  or  district  having  an  average  daily  attendance 
of  less  than  fifteen  pupils  or  to  any  new  school  or  district  created  since  Janu- 
ary first,  one  thousand  nine  hundred  and  nineteen,  if  the  number  of  districts 
or  the  number  of  separate  schools  in  a  county  has  been  increased  thereby : 
Provided,  that  no  district  shall  be  abolished  if  the  geographical  conditions  are 
such  that  the  children  of  the  district  cannot  be  annexed  to  some  adjoining 
district  without  seriously  limiting  the  educational  opportunities  of  the  chil- 
dren of  the  district. 

1919,  c.  102,  s.  9. 

5490.  Requirements  necessary  to  receive  state  fund.    No  school  shall  be 
entitled  to  receive  an  apportionment  from  the  state  public  school  fund  or 
from  the  county  school  fund  of  any  county  for  more  than  one  teacher,  except 
as  follows:  In  a  school  where,  during  the  preceding  school  year,  except  in 
case  of  an  epidemic,  the  average  number  of  children  attending  such  school 
daily  was  not  less  than  thirty  pupils,  funds  may  be  apportioned  for  paying 
the  salaries  of  two  teachers ;  and  in  a  school  where,  during  the  preceding 
school  year,  the  average  number  of  children  attending  such  school  daily  was 
not  less   than   sixty-five  pupils,   funds   may   be  apportioned   for   paying   the 
salaries  of  three  teachers ;  and  in  schools  where,  during  the  preceding  school 
year,  the  average  number  of  children  attending  daily  was  not  less  than  ninety- 
five  pupils,  funds  may  be  apportioned  for  paying  the  salaries  of  four  teachers ; 
and  in  a  school  where,  during  the  preceding  school  year,  the  average  number 
of  children  attending  such  school  daily  exceeded  ninety-five  pupils,  funds  may 


36  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

be  apportioned  for  one  additional  teacher  for  each  thirty  additional  pupils 
in  average  daily  attendance  in  the  school:  Provided,  that  for  the  encourage- 
ment of  high  school  instruction  the  state  superintendent  of  public  instruction 
may  formulate  rules  and  regulations  that  will  permit  the  payment  of  salaries 
to  high  school  teachers  having  a  smaller  attendance  of  pupils  per  teacher  than 
that  specified  in  this  section. 

1919,  c.  102,  s.  10. 

5491.  Appropriations  for  superintendent  of  colored  normal  school,  board 
of  examiners,  rural  libraries.    The  salary  and  expenses  of  the  superintend- 
ent of  the  state  colored  normal  school,  one  thousand  five  hundred  dollars ;  the 
salaries  and  expenses  of  the  state  board  of  examiners   and  institute   con- 
ductors,   twenty-five    thousand    dollars ;    the   biennial    appropriation    for    the 
rural  libraries,  seven  thousand  five  hundred  dollars,  which  have  heretofore 
been  appropriated  from  the  state  equalizing  fund,  shall  be  appropriated  from 
the  state  public  school  fund. 

1919,  c.  102,  s.  11. 

5492.  Appropriation  for  teacher  training.     There  shall  be  set  aside  an- 
nually from  the  state  public  school  fund  a  sum  not  exceeding  fifty  thousand 
dollars  for  promoting  teacher  training  in  the  several  counties,  for  the  improve- 
ment of  teachers  now  in  service,   and  for  the  better  supervision   of  rural 
schools.     The  state  board  of  education  is  authorized  to  reserve  annually  out 
of  this  appropriation  an  amount  not  to  exceed  five  hundred  dollars,  to  be  paid 
out  upon  requisition  of  the  state  superintendent  of  public  instruction  in  defray- 
ing part  of  the  necessary  expense  incurred  in  connection  with  the  supervision 
and  inspection  of  public  high  schools. 

1917,  c.  285,  s.  4 ;  1919,  cc.  102,  s.  12 ;  254,  s.  20. 

ART.  12.     COUNTY  SCHOOL  BUDGET  AND  TAXES 

5493.  County  school  budget  required;  contents.     On  or  before  the  first 
Monday  in  May  of  each  year  the  county  board  of  education  of  each  county 
shall  prepare  a  school  budget,  which  shall  set  forth  the  amount  of  money 
necessary  to  maintain  the  public  schools  of  said  county  for  six  months  in 
every  school  district  for  the  succeeding  school  year.    The  county  budget  shall 
provide  three  separate  school  funds:   (1)    a  teachers'  salary  fund;    (2)    an 
incidental  expense  fund;  and  (3)  a  building  fund. 

The  budget  for  both  the  regular  county  schools  and  the  specially  chartered 
schools  shall  be  made  on  blanks  supplied  by  and  in  accordance  with  the  direc- 
tions of  the  state  superintendent  of  public  instruction,  and  it  shall  be  unlawful 
for  -any  part  of  the  teachers'  salary  fund  to  be  used  for  any  other  purpose 
than  that  specified  in  the  budget,  after  it  has  been  approved  by  the  state  board 
of  education. 

1919,  c.   114,  s.   1. 

5494.  Teacher's  salary    fund;    basis    of    estimate.      In    estimating    the 
amount  necessary  for  the  teachers'  salary  fund,  the  county  board  shall  take 
as  a  basis  for  the  year  1919-1920  the  monthly  salaries  of  the  teachers  of  every 
school  of  said  county  for  the  year  1918-1919,  and  shall  increase  that  amount 
for  each  school  as  follows,  subject  to  such  exceptions  as  may  hereafter  appear : 
(a)  For  teachers  holding  elementary  certificates  not  less  than  twenty-five  per 
cent  increase;  (&)  primary  and  grammar  certificates  not  less  than  fifteen  per 
cent  increase;    (c)   high  school  certificates  ten  per  cent  increase;    (d)   prin- 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  37 

cipals'  certificates  not  less  than  ten  per  cent  increase;  (e)  all  superintendents 
of  county  and  city  schools  an  increase  of  not  less  than  ten  per  cent. 

The  salary  of  each  teacher  holding  a  second  grade  certificate  shall  not  be 
greater  than  forty-five  dollars  per  month. 

Nothing  in  this  section  shall  make  it  compulsory  upon  the  county  board  oT 
education  to  fix  the  monthly  salaries  of  the  teachers  for  any  school  larger 
than  the  following:  (a)  For  inexperienced  teachers,  a  salary  not  larger  than 
the  average  salary  of  1918-1919  of  the  teachers  in  the  county  holding  the  same 
grade  certificates;  (6)  for  teachers  of  successful  experience  of  two  or  more 
years  holding  elementary  certificates,  sixty-five  dollars  per  month;  (c)  special 
primary  and  grammar  grade  certificates,  seventy  dollars  per  month;  (d)  high 
school  certificates,  seventy-five  dollars  per  month;  (e)  principals  of  elementary 
schools  of  three  teachers  or  more,  one  hundred  dollars  per  month;  (/)  prin- 
cipals of  high  schools,  one  hundred  and  twenty-five  dollars  per  month;  and 
the  apportionment  from  the  state  public  school  fund  shall  be  made  upon  this 
salary  basis. 

A  teacher  holding  a  certificate  of  one  class  and  teaching  in  another  class 
of  work  shall  be  paid  according  to  the  class  of  work  done,  and  not  according 
to  the  class  of  certificate  held. 

The  county  board  of  education  may  in  its  discretion  fix  a  salary  schedule, 
not  inconsistent  with  this  article,  based  upon  successful  teaching  experience 
and  professional  study ;  and  nothing  in  this  article  shall  operate  against  in- 
creasing the  salary  of  teachers  out  of  special  tax  funds. 

If  any  school  closed  in  1918-1919  on  account  of  the  influenza,  or  for  other 
causes,  the  salary  or  salaries  that  would  have  been  paid  to  the  teachers  of 
that  school  if  it  had  been  in  session  shall  be  the  basis  upon  which  to  calculate 
the  fund  for  that  school  subject  to  such  increase  as  provided  for  the  teachers 
of  that  school. 

In  no  case  shall  the  salary  of  any  teacher  be  reduced  by  the  operations  of 
this  section. 

1919,  c.  114,  s.  2. 

5495.  Incidental  expense  fund;  basis  of  estimate.    The  incidental  expense 
fund  shall  provide  fuel,  janitors,  school  supplies,  insurance,  rent,  professional 
study,  special  supervision  of  all  sorts,  and  all  administration  expenses  other 
than  the  salary  of  the  county  superintendent.    The  amount  of  this  fund  shall 
be  derived  by  ascertaining  the  incidental  expenses  of  the  specially  chartered 
schools  for  two-thirds  of  the  annual  expenses  of  the  year  1918-1919,  and  the 
amount  for  the  regular  county  schools  for  twelve  months  for  the  year  1918- 
1919,  with  an  addition  of  ten  per  cent  of  these  two  amounts,  which  may  be 
set  aside  as  a  special  contingent  fund  for  expenses  not  otherwise  provided  for. 
After  deducting  the  contingent  fund,  the  expense  of  the  county  superintendent, 
traveling  expenses  and  per  diem  of  the  county  board  of  education,  and  the 
fees  or  salary  of  the  county  treasurer  from  the  total  incidental  expense  fund, 
the  per  cent  of  the  remainder  that  shall  be  apportioned  to  the  special  chartered 
school  shall  be  the  same  as  the  per  cent  of  the  teachers'  salary  fund  appor- 
tioned to  said  specially  chartered  school. 

1919,  c.  114,  s.  3. 

5496.  Building  fund;  estimate.    A  building  fund  not  to  exceed  twenty-five 
per  cent  of  the  total  teachers'  salary  fund  for  the  entire  county  may  be  set 
aside  each  year  to  be  used  in  erecting  school  buildings,  additions  to  buildings, 


38  PUBLIC  SCHOOL  LAW  OF  IsToRTH  CAROLINA 

dormitories,  teachers'  residences,  repayment  of  loans  to  the  state  loan  fund, 
sinking  fund,  permanent  improvements,  and  other  necessary  buildings,  and 
the  per  cent  of  this  fund  that  shall  be  apportioned  to  the  specially  chartered 
schools  shall  be  the  same  as  the  per  cent  of  the  teachers'  salary  fund  appor- 
tioned to  said  specially  chartered  school. 

1919,  c.  114,  s.  4. 

5497.  Lists  of  fines  and  penalties  filed  with  county  boards  of  education. 

The  clerks  of  all  state  and  municipal  courts,  justices  of  the  peace,  and  the 
clerks  or  other  officials  having  in  custody  the  records  of  any  city  or  town  in 
the  state  shall  furnish  to  the  county  board  of  education  of  their  respective 
counties,  on  the  first  Monday  of  July  and  January  of  each  year,  a  detailed 
statement  of  fines,  forfeitures,  and  penalties  which  go  to  the  school  fund, 
that  have  been  imposed  or  which  have  accrued,  this  information  to  be  fur- 
nished on  blanks  prepared  by  the  state  department  of  public  instruction. 

Rev.,  s.  4108;  1901,  c.  4,  s.  62;  1913,  c.  149,  s.  1  (h). 

5498.  Tax  lists  to  have  separate  columns  for  school  taxes.    The  auditor 
shall  include,  on  the  form  which  he  furnishes  to  the  board  of  county  commis- 
sioners and  on  which  the  tax  lists  are  to  be  made  out,  separate  columns  for 
school  poll  tax  and  school  property  tax,  and  for  special  county  and  district 
taxes  on  property  and  polls.     In  one  of  these  columns  shall  be  written  the 
total  poll  tax  levied  by  the  state  and  by  the  county  authorities  for  schools, 
and  due  by  the  taxpayer.     In  the  other  column  shall  be  written  the  total 
property  tax  levied  by  the  state  and  by  the  county  authorities,  and  due  by 
the  taxpayer. 

Rev.,  s.  4109;  1901,  c.  4,  s.  60;  1907,  c.  835,  s.   1  (d). 

5499.  Register  to  furnish  abstracts  of  lists  to  county  board.    The  register 
of  deeds  shall  furnish  to  the  county  board  of  education,  as  soon  as  the  tax 
lists  are  made  out,  an  abstract  of  such  lists,  showing  in  separate  columns  the 
total  amount  of  poll  tax  on  such  lists,  and  also  the  total  amount  of  property 
tax  thereon,  and  also  in  another  column  the  amount  of  special  county  and 
district  poll  taxes,  and  in  a  separate  column  the  amount  of  special  county 
and  district  property  taxes ;  and  shall  furnish  such  other  information  from 
his  office  as  the  county  board  of  education  may  require. 

Rev.,  a.  4110;  1901,  c.  4,  s.  61;  1907,  c.  835,  s.  1  (e). 

5500.  Sheriff's  liability,  civil  and  criminal,  for  failure  to  settle  school  tax. 

The  sheriff  of  each  county  shall  pay  annually,  in  money,  to  the  treasurer  of 
the  county  school  fund,  on  or  before  the  thirty-first  day  of  December  of  each 
year,  the  whole  amount  for  school  purposes  collected  by  both  state  and  county, 
less  his  lawful  commission  for  collecting  the  same,  and  such  sum  as  may  be 
allowed  on  account  of  insolvents  for  the  current  year;  and  on  failing  to  do 
so  shall  be  liable  to  an  action  on  his  official  bond  for  his  default  in  such  sum 
as  will  cover  such  default,  such  action  to  be  brought  to  the  next  ensuing  term 
of  the  superior  court  in  the  name  of  the  state  upon  the  relation  of  the  board 
of  county  commissioners.  The  sheriff  shall  furnish  to  the  county  board  of 
education  at  the  time  of  his  settlement  with  the  county  treasurer  as  provided 
in  this  section  a  complete  itemized  copy  of  such  settlement,  which  shall  con- 
tain a  list  of  all  insolvent  polls,  releases,  errors,  and  rebates  allowed  him  by 
the  county  board  of  commissioners.  In  making  settlement  with  the  treasurer, 
the  sheriff  or  tax  collector  shall  make  separate  account  of  insolvents  and 
delinquents  allowed,  whether  on  property  or  capitation  tax.  The  county 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  39 

superintendent  shall  make  copies  of  the  fines  and  penalties  reported  by  justices 
of  the  peace  and  reported  to  the  clerk  of  superior  court  and  file  the  same 
with  the  county  board. 

Rev.,  a.  4111  ;  Code,  s.  723  ;  1901,  c.  4,  s.  54  ;  1905,  c.  533,  s.  20  ;  1919,  c.  254,  s.  3. 

5501.  Fiscal  school  year.    The  fiscal  school  year  shall  begin  on  the  first 
day  of  July  and  close  on  the  thirtieth  day  of  June  next  succeeding. 

Rev.,  s.  4118;  1901,  c.  4,  s.  67. 

ART.  13.     FEDERAL  AND  STATE  COOPERATION 

5502.  Acceptance  of  benefits  of  federal  vocational  education  act.     The 

state  of  North  Carolina  hereby  accepts  all  of  the  provisions  and  benefits  of 
an  act  passed  by  the  senate  and  house  of  representatives  of  the  United  States 
in  congress  assembled,  entitled  "An  act  to  provide  for  the  promotion  of  voca- 
tional education,  to  provide  for  cooperation  with  the  states  in  the  promotion 
of  such  education  in  agriculture  and  the  trades  and  industries ;  to  provide  for 
cooperation  with  the  states  in  the  preparation  of  teachers  of  vocational  sub- 
jects ;  and  to  appropriate  money  and  regulate  its  expenditure,"  approved 
February  twenty-third,  nineteen  hundred  and  seventeen. 

1917,  cc.  95,  270;  1919,  cc.  119,  s.  1 ;  131,  s.  1. 

5503.  State  appropriation  equal  to  federal  appropriation.     The  state  of 
North  Carolina  appropriates  out  of  the  state  public  school  fund  a  sum  of 
money  for  each  fiscal  year  equal  to  the  maximum  sum  which  may  be  allotted 
to  the  state  of  North  Carolina  from  the  federal  treasury,  under  the  provisions 
of  the  Smith-Hughes  Act,  namely,  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  twenty,  sixty-seven  thousand,  four  hundred  and  fifty- 
two  dollars  and  forty-nine  cents;  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  twenty-one,  eighty-one  thousand,  three  hundred  and  six 
dollars  and  eighteen  cents:  Provided,  that  none  of  this  state  appropriation 
shall  be  used  to  match  federal  funds  in  schools  of  less  than  college  grade 
receiving  other  state  funds  for  the  promotion  of  the  teaching  of  vocational 
subjects:  Provided  further,  that  only  such  portion  of  above  state  appropria- 
tion shall  be  used  as  may  be  absolutely  necessary  to  carry  on  the  work  out- 
lined in  section  5394  and  to  meet  the  federal  requirements. 

1919,  cc.  102,  s.  13;  119,  s.  7;  181,  s.  7. 

5504.  State  treasurer  authorized  to  receive  and  disburse  vocational  edu- 
cation fund.     The  state  treasurer  is  hereby  designated  and  appointed  cus- 
todian of  all  moneys  received  by  the  state  from  the  appropriation  made  by 
said  act  of  congress,  and  he  is  authorized  to  receive  and  to  provide  for  the 
proper  custody  of  the  same,  and  to  make  disbursement  thereof  in  the  manner 
provided  in  the  said  act  and  for  the  purpose  therein  specified.    He  shall  also 
pay  out  moneys  appropriated  by  the  state  of  North  Carolina  for  the  purpose 
of  carrying  out  the  provisions  of  article  4  of  this  chapter  upon  the  order  of 
the  state  board  for  vocational  education. 

1919,  cc.  119,  s.  2  ;  131,  s.  2. 

ART.  14.  SPECIAL  COUNTY  SCHOOL  TAX 

5505.  Election  upon  petition  of  county  board  of  education.     Upon  the 
petition  of  the  county  board  of  education  of  any  county  the  county  commis- 
sioners may  order  an  election  to  be  held  in  the  county  to  ascertain  the  will 


40  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

of  the  people  whether  there  shall  be  levied  on  all  taxable  property  and  polls 
in  the  county  a  special  tax,  not  to  exceed  thirty  cents  on  the  one  hundred 
dollars  valuation  of  property  and  ninety  cents  on  each  poll,  to  supplement 
the  county  school  fund  of  the  county. 

1911,  c.  71,  s.  1. 

5506.  Rules  governing  election.    The  election  shall  be  conducted  for  the 
county  as  nearly  as  may  be  under  the  same  rules  and  regulations  governing 
district  special  school-tax  elections. 

1911,  c.   71,   s.  2. 

5507.  Levy  and  collection  in  county.    In  case  a  majority  of  the  qualified 
voters  at  said  election  shall  vote  in  favor  of  the  tax,  the  same  shall  be  annu- 
ally levied  and  collected  in  the  same  manner  and  at  the  same  time  as  the 
other  taxes  of  the  county  are  levied  and  collected. 

1911,  c.  71,  s.  3. 

5508.  Reduction  of  special  local  tax  levy  in  district.     In  case  a  majority 
of  the  qualified  voters  at  said  election  in  the  county  shall  vote  in  favor  of  the 
special  tax  the  board  of  county  commissioners  shall  ascertain  the  sentiment 
of  the  voters  in  any  existing  special-tax  district  as  to  whether  or  not  they 
desire  to  retain  all  or  any  part  of  the  existing  special  tax  in  any  special-tax 
district,  and  the  county  commissioners  shall  reduce  the  annual  special  levy 
of  such  district  by  an  amount  not  exceeding  the  special  levy  provided  for  the 
county  under  this  article. 

1919,  c.   254,  s.   16. 

5509.  Subsequent  elections  upon  failure  of  first.     In  case  a  majority  of 
the  qualified  voters  at  said  election  in  any  county  shall  fail  to  vote  for  said 
special  tax,  on  petition  of  a  majority  of  the  members  of  the  county  board  of 
education  of  the  county,  the  county  commissioners  may,   after  thirty  days 
notice,  order  an  election  in  any  subsequent  year  after  the  first  election  for  the 
same  purpose  and  under  the  same  regulations  as  the  first  election  herein  pro- 
vided for  in  any  or  all  of  the  townships  of  the  county  that  shall  have  failed 
to  carry  said  special  tax  in  the  former  election. 

1911,   c.   71,   s.   6. 

5510.  Payment  of  election  expenses.     The  expense  of  holding  said  elec- 
tion shall  be  paid  out  of  the  county  school  fund  of  the  county. 

1911,  c.  71,  s.  7. 

ART.  15.     SPECIAL  HIGH  SCHOOL  TOWNSHIP  TAX 

5511.  Election  upon  petition  of  freeholders.    In  any  township,  upon  peti- 
tion of  one-fourth  of  the  freeholders  of  the  township,  approved  by  the  county 
board  of  education,   the  board   of  county   commissioners,   after  thirty   days 
notice  at  the  courthouse  door  and  three  public  places  in  the  township,  shall 
hold  an   election   to  ascertain   the  will   of  the   people  within   the  township 
whether  there  shall  be  levied  in  said  township  a  special  annual  tax  of  not 
less  than  ten  cents  nor  more  than  thirty  cents  on  the  one  hundred  dollars 
valuation  of  property,  and  not  less  than  thirty  cents  nor  more  than  ninety 
cents  on  each  poll,  in  addition  to  all  other  taxes  levied  for  all  other  purposes, 
to  be  used  for  the  establishment  of  a  central  high  -school  or  high  schools  in 
said  township,  in  case  such  special  tax  is  voted. 

Rev.,  s.  4113;  1905,   c.   533,   s.   13. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  41 

5512.  Rules  governing  election;  tickets.     The  board  of  county  commis- 
sioners shall  appoint  a  registrar  and  order  a  new  registration  for  said  town- 
ship, and  the  election  shall  be  held  under  the  law  governing  general  elections, 
as  nearly  as  may  be,  and  the  expenses  of  such  election  shall  be  paid  out  of 
the  general  county  school  fund.     At  said  election  those  who  are  in  favor  -of 
the  levy  and  collection  of  said  tax  shall  vote  a  ticket  on  which  shall  be  printed 
or  written  the  words  "For  High  School  Tax,"  and  those  who  are  opposed  shall 
vote  a  ticket  on  which  shall  be  printed  or  written  the  words  "Against  High 
School  Tax." 

Rev.,   s.   4113;   1905,   c.   533,   s.   13. 

5513.  Levy  and  collection.    In  case  a  majority  of  the  qualified  voters  at 
said  election  are  in  favor  of  said  tax,  then  so  much  of  the  tax  on  property  and 
polls  herein  provided  for  as  in  the  judgment  of  the  committee  may  be  neces- 
sary shall  be  annually  levied  and  collected  in  the  manner  prescribed  for  the 
levy  and  collection  of  other  taxes. 

Rev.,   s.   4113;   1905,   c.   533,  s.   13. 

5514.  Money  to  be  expended  by  high  school  committee.  All  moneys  levied 
under  the  provisions  of  this  article  shall,  upon  collection,  be  placed  by  the 
treasurer  of  the  county  school  fund  to  the  credit  of  the  township  high  school 
committee,  composed  of  three  members,  appointed  by  the  county  board  of 
education,  and  shall  be  expended  exclusively  by  said  committee  in  establishing 
and  maintaining  one  or  more  high  schools  in  said  township,  under  such  rules 
and  regulations  as  to  its  conduct  and  such  course  or  courses  of  study  as  shall 
be  prescribed  by  the  state  superintendent  of  public  instruction. 

Rev.,  s.  4113;  1905,  c.  533,  s.   13. 

5515.  Powers,    duties,    and    qualifications    of    committee.      The    powers, 
duties,  and  qualifications  of  the  committeemen  provided  for  in  the  preceding 
section  shall  be  similar  to  those  of  other  school  committeemen,  and  they  shall 
have  the  same  power  to  apportion  the  funds  so  raised  as  is  conferred  upon 
the  county  board  of  education  for  apportionment  of  the  general  fund  among 
the  schools  of  the  township. 

Rev.,  s.  4113;  1905,  c.  533,  s.   13. 

5516.  School  may  be  established  without  special  tax.     Township  high 
schools  may  be  established  without  the  levying  of  a  special  township  high 
school  tax  where  the  public  funds  are  sufficient  for  that  purpose,  under  such 
rules  and  regulations  as  to  organization  and  course  of  study  as  the  state 
superintendent  of  public  instruction  may  prescribe. 

Rev.,   s.  4113;   1905,   c.  533,  s.   13. 

5517.  Elementary  branches  may  be  taught;  other  funds  may  be  appor- 
tioned.   The  provisions  of  this  article  shall  not  be  so  construed  as  to  prevent 
the  teaching  of  the  elementary  branches  in  such  high  schools  as  may  be  estab- 
lished, nor  so  construed  as  to  prevent  the  county  board  of  education  from 
making  such  apportionment  of  public  school  funds  to  such  high  schools  as 
they  may  deem  equitable  and  just. 

Rev.,   s.   4113;   1905,   c.  533,  s.   13. 

5518.  High  school  subjects  may  be  taught  in  public  schools.    High  school 
subjects  may  be  taught  in  all  public  schools  employing  more  than  one  teacher, 
according  to  such  rules  and  regulations  as  to  organization  and  course  of  study 
as  shall  be  prescribed  by  the  state  superintendent  of  public  instruction,  where 


42  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

the  public  funds  are  sufficient  to  provide  for  such  teaching;  but  the  high 
school  branches  taught  in  such  schools  shall  not  interfere  with  the  thorough 
teaching  of  the  elementary  branches. 

Rev.,  s.  4113;  1905,  c.  533,  s.  13. 

ART.  16.     SPECIAL  CITY  OR  TOWN  TAX 

5519.  Election  upon  petition  of  freeholders.     In  every  incorporated  city 
or  town  in  which  there  is  not  now  levied  a  special  tax  for  schools,  upon 
a  petition  signed  by  one-fourth  of  the  freeholders  therein,  the  board  of  alder- 
men or  town  commissioners  of  such  city  or  town  shall,  at  the  date  of  the 
municipal  or  general  election  next  ensuing,  upon  the  presentation  of  the  peti- 
tion, order  an  election  to  be  held  to  ascertain  the  will  of  the  people  whether 
there  shall  be  levied  in  such  city  or  town  a  special  annual  tax  of  not  more 
than  thirty  cents  on  the  one  hundred  dollars  valuation  of  property  and  ninety 
cents  on  the  poll  to  supplement  the  public  school  fund  in  such  city  or  town. 

Rev.,  s.  4114;  1901,  c.  4,  s.  71. 

5520.  Rules  governing  election;  tickets.    The  election  shall  be  held  in  the 
different  election  precincts  or  wards  under  the  law  governing  municipal  or 
general  elections  in  such  cities  or  towns.     At  the  election  those  who  are  in 
favor  of  the  levy  and  collection  of  the  tax  shall  vote  a  ticket  on  which  shall 
be  printed  or  written  the  words  "For  Special  Tax,"  and  those  who  are  opposed 
shall  vote  a  ticket  on  which  shall  be  printed  or  written  the  words  "Against 
Special  Tax." 

Rev.,  s.  4114;  1901,  c.  4,  s.  71. 

5521.  Levy  and  collection.    In  case  a  majority  of  the  qualified  voters  at 
the  election  is  in  favor  of  the  tax,  the  same  shall  be  annually  levied  and  col- 
lected in  such  city  or  town  in  the  manner  prescribed  for  the  levy  and  collec- 
tion of  other  city  or  town  taxes. 

Rev.,  s.  4114;  1901,  c.  4,  s.  71. 

5522.  Money   to   be   expended  by   city   or   town   school   committee.     All 

moneys  levied  under  the  provisions  of  this  article  shall,  upon  collection,  be 
placed  to  the  credit  of  a  city  or  town  school  committee,  composed  of  not  less 
than  five  nor  more  than  seven  members,  to  be  appointed  by  the  board  of  alder- 
men or  town  commissioners  for  such  city  or  town,  and  shall  be,  by  such  com- 
mittee, expended  exclusively  upon  the  public  schools  in  the  city  or  town ;  and 
there  shall  be  but  one  school  district  in  the  city  or  town,  in  which  there  may 
be  established  one  or  more  schools  for  each  race.  The  school  committee  shall 
apportion  the  money  in  such  manner  as  in  its  judgment  will  equalize  school 
faculties. 

Rev.,  s.  4114;  1901,  c.  4,  s.  71. 

ART.  17.     SPECIAL  TAX  IN  SCHOOL  DISTRICTS  CONTAINING  CITIES 

OR  TOWNS 

5523.  Election  upon  petition;  conduct  of  election;  result;  use  of  power. 

In  any  graded  school,  public,  or  high  school  district,  which  includes  an  incor- 
porate city  or  town,  upon  the  written  petition  of  one-third  of  the  qualified 
voters  of  the  district  for  an  election  to  be  held  upon  the  question  of  levying 
an  additional  special  annual  tax  to  an  amount  specified  in  the  petition  with 
the  approval  of  the  school  trustees  of  the  district,  such  election  shall  be 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  43 

ordered  by  the  board  of  aldermen  or  other  governing  body  of  the  incorporated 
city  or  town,  in  case  the  district  is  confined  exclusively  to  such  city  or  town, 
or  by  the  board  of  county  commissioners,  in  case  the  district  includes  also  a 
part  of  the  county  not  embraced  within  the  city  or  town. 

Such  election  shall  be  ordered,  advertised,  and  held  in  the  same  manner  as 
is  now  or  may  be  hereafter  provided  by  law  for  municipal  or  general  elections 
where  the  same  is  entirely  within  the  corporate  limits  of  the  city  or  town ;  but 
where  the  said  election  is  for  a  district  that  includes,  in  addition,  any  portion 
of  the  county  not  within  the  corporate  limits  of  the  city  or  town,  then  the  said 
election  shall  be  ordered,  advertised,  and  held  in  the  same  manner  as  is  now 
or  may  be  hereafter  provided  by  law  for  election  of  members  of  the  general 
assembly.  At  such  election  those  who  favor  the  levy  and  collection  of  said 
tax  shall  vote  a  ballot  on  which  shall  be  written  or  printed  the  words  "For 
Special  School  Tax,"  and  those  who  are  opposed  shall  vote  a  ballot  on  which 
shall  be  written  or  printed  the  words  "Against  Special  School  Tax." 

It  shall  be  the  duty  of  the  governing  authorities  of  the  city  or  town  where 
the  election  is  held  entirely  within  the  corporate  limits  of  the  city  or  town, 
but  it  shall  be  the  duty  of  the  county  commissioners  where  the  district  in 
which  the  election  is  held  includes  any  part  of  the  county  not  within  the 
corporate  limits  of  the  city  or  town,  to  declare  the  result  of  said  election.  If 
the  majority  of  the  qualified  voters  at  said  election  shall  vote  in  favor  of  said 
tax,  the  same  shall  be  annually  levied  and  collected  in  the  manner  prescribed 
for  the  levy  and  collection  of  other  taxes.  All  money  levied  and  collected 
under  the  provisions  of  this  section  shall  be  placed  to  the  credit  of  the  board 
of  trustees  of  said  schools,  to  be  by  them  expended  exclusively  for  the  main- 
tenance of  the  said  schools  within  the  tax  district  in  which  the  said  election 
is  held. 

1917,  c.  102,  s.  1. 

5524.  Time  of  elections  and  levy;  frequency  of  elections.     All  elections 
ordered  under  the  provisions  of  this  article  shall  be  ordered  and  held  within 
sixty  days  after  the  filing  of  the  petition  mentioned  in  the  preceding  section 
with  the  board  of  commissioners  or  other  governing  body  of  said  city,  town, 
or  county,  or  with  the  clerk  or  secretary  of  such  board  or  body;  and  if  any 
such  election  shall  be  held  prior  to  the  first  day  of  June  of  any  year,  the  tax 
authorized  by  such  election  shall  be  levied  and  collected  for  the  current  year ; 
but  if  such  election  shall  be  held  after  the  first  day  of  June  of  any  year,  the 
tax  authorized  by  such  election  shall  not  be  levied  and  collected  until  the 
following  year.     Elections  under  the  provisions  of  this  article  shall  be  held 
not  oftener  than  once  a  year. 

1917,  c.  102,  ss.  2,  6. 

5525.  Limit  of  aggregate  tax  rate.    The  aggregate  of  all  school  taxes  an- 
nually levied  and  collected  under  the  provisions  of  this  article,  and  of  any 
other  law,  general  or  special,  enacted  prior  to  March  1,  1917  (other  than  taxes 
levied  and  collected  for  the  purpose  of  paying  the  interest  or  principal  of 
public,  graded,  or  high  school  bonds),  shall  not  exceed  one  dollar  on  the  one 
hundred  dollars  worth  of  property. 

1917,  c.   102,  s.   3. 

ART.  18.     SPECIAL  TAX  IN  SPECIAL  SCHOOL  DISTRICTS 

5526.  Election  for  special  tax  districts  on  petition  of  freeholders.  Special 
school  tax  districts  may  be  formed  by  the  county  board  of  education  in  any 


44  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

county  without  regard  to  township  lines  under  the  following  conditions: 
Upon  a  petition  of  one-fourth  of  the  freeholders  within  the  proposed  special 
school  district,  in  whose  names  real  estate  in  such  district  is  listed  in  the  tax 
lists  of  the  current  fiscal  year,  endorsed  by  the  county  board  of  education, 
the  board  of  county  commissioners,  after  thirty  days  notice  at  the  courthouse 
door  and  three  public  places  in  the  proposed  district,  shall  hold  an  election  to 
ascertain  the  will  of  the  people  within  the  proposed  special  school  district 
whether  there  shall  be  levied  in  such  district  a  special  annual  tax  of  not 
more  than  thirty  cents  on  the  one  hundred  dollars  valuation  of  property  and 
ninety  cents  on  the  poll  to  supplement  the  public  school  fund  which  may  be 
apportioned  to  such  district  by  the  county  board  of  education  in  case  such 
special  tax  is  voted. 

Rev.,  s.  4115;  1909,  c.  525,  s.   4. 

5527.  Rules  governing  election;  tickets.     The  board  of  county  commis- 
sioners shall  appoint  a  registrar  and  two  pollholders,  and  shall  designate  a 
polling  place  and  order  a  new  registration  for  such  district.     The  election 
shall  be  held  in  the  district  under  the  law  governing  general  elections,  as 
near  as  may  be.     The  registrar  and  pollholders  shall  canvass  the  vote  cast 
and  declare  the  result,  and  shall  duly  certify  the  returns  to  the  board  of 
county  commissioners,  and  the  same  shall  be  recorded  in  the  records  of  the 
board  of  county  commissioners.     The  expense  of  holding  the  election  shall 
be  paid  out  of  the  general  school  fund  of  the  county.     At  the  election  those 
who  are  in  favor  of  the  levy  and  collection  of  the  tax  shall  vote  a  ticket  on 
which  shall  be  printed  or  written  the  words  "For  Special  Tax,"  and  those 
who  are  opposed  shall  vote  a  ticket  on  which  shall  be  printed  or  written  the 
words  "Against  Special  Tax." 

Rev.,  s.  4115;  1907,  c.  835,  s.  1  (f). 

5528.  Levy  and  collection.    In  case  a  majority  of  the  qualified  voters  at 
the  election  is  in  favor  of  the  tax,  the  same  shall  be  annually  levied  and  col- 
lected in  the  manner  prescribed  for  the  levy  and  collection  of  other  taxes. 

Rev.,  s.  4115. 

5529.  Special  districts  from  portions  of  contiguous  counties.    Special  tax 
districts  may  be  formed  as  provided  in  this  article  out  of  portions  of  con- 
tiguous counties.     The  petition  for  such  a  district  must  be  endorsed  by  the 
boards  of  education  of  both  counties.    The  registrar  and  one  pollholder  shall 
be  appointed  by  the  board  of  commissioners  of  the  county  in  which  the  larger 
number  of  petitioners  reside,  and  one  pollholder  must  be  appointed  by  the 
board  of  commissioners  of  the  other  county.    All  the  provisions  of  article  ten 
in  regard  to  districts  in  contiguous  counties  shall  be  applicable  as  far  as  may 
be  to  the  establishment  of  special-tax  districts  out  of  portions  of  contiguous 
counties  herein  provided. 

Rev.,  s.  4115;  1915,  c.  236,  s.  1  (b). 

5530.  Enlargement  of  special  district  upon  election.    Upon  a  written  re- 
quest of  a  majority  of  the  committee  or  trustees  of  any  special  tax  district, 
the  county  board  of  education  may  enlarge  the  boundaries  of  any  special  tax 
district  established  under  this  article,  or  by  special  act  or  charter  of  the  gen- 
eral assembly,  so  as  to  include  any  contiguous  territory,  and  an  election  in 
such  new  territory  may  be  ordered  and  held  in  the  same  manner  as  prescribed 
in  this  article  for  elections  in  special  tax  districts.    In  case  a  majority  of  the 
qualified  voters  in  such  new  territory  shall  vote  at  the  election  in  favor  of  a 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  45 

special  tax  of  the  same  rate  as  that  voted  and  levied  in  the  special  tax  district 
to  which  the  territory  is  contiguous,  then  the  new  territory  shall  be  added  to 
and  become  a  part  of  the  special  tax  district,  and  the  term  "special  tax  of 
the  same  rate"  herein  used  shall  include,  in  addition  to  the  usual  special  tax, 
any  tax  levied  to  meet  the  interest  and  sinking  fund  of  any  bonds  theretofore^ 
issued  by  the  district  proposed  to  be  enlarged.  In  case  a  majority  of  the 
qualified  voters  at  the  election  shall  vote  against  the  tax,  the  district  shall 
not  be  enlarged. 

Rev.,  s.  4115;  1907,  c.  835,  s.   1  (f)  ;  1919,  c.  254,  s.   19. 

5531.  Abolition  of  district  upon  election.    Upon  petition  of  two-thirds  of 
the  qualified  voters  residing  in  any  special  tax  district  established  under  this 
article,  the  same  shall  be  endorsed  and  approved  by  the  county  board  of  edu- 
cation, and  the  board  of  county  commissioners  shall  order  another  election 
in  the  district  for  submitting  the  question  of  revoking  the  tax  and  abolishing 
the  district,  to  be  held  under  the  provisions  prescribed  in  this  article  for 
holding  other  elections.     It  shall  be  the  duty  of  the  board  of  education  to 
endorse  the  petition  when  presented,  containing  the  proper  number  of  names 
of  qualified  voters,  and  this  provision  is  made  mandatory,  and  the  board  is 
allowed  no  discretion  to  refuse  to  endorse  the  same  when  so  presented.    If  at 
the   election   a   majority   of  the  qualified   voters   in   the   district   shall   vote 
"Against  Special  Tax,"  the  tax  shall  be  deemed  revoked  and  shall  not  be 
levied,  and  the  district  shall  be  discontinued. 

Rev.,  s.  4115;  1909,  c.  525,  s.  4;  1911.  c.  135,  s.  1  (i)  ;  1917,  c.  188,  s.  1. 

5532.  Special  district  in  debt  may  not  be  abolished.     The  provisions  of 
this  article  as  to  abolishing  special  tax  districts  shall  not  apply  when  such 
special  tax  district  is  in  debt  in  any  sum  whatever. 

Rev.,  s.  4115;  1917,  c.  188,  s.  1. 

5533.  Election  for  abolition  not  oftener  than  once  in  two  years.    No  elec- 
tion for  revoking  a  special  tax  in  any  special  tax  district  shall  be  ordered  and 
held  in  the  district  within  less  than  two  years  from  the  date  of  the  election 
at  which  the  tax  was  voted  and  the  district  established,  nor  at  any  time 
within  less  than  two  years  after  the  date  of  the  last  election  on  the  question 
in  the  district ;  and  no  petition  revoking  such  tax  shall  be  approved  by  the 
county  board  of  education  oftener  than  once  in  two  years. 

Rev.,  s.  4115;   1911,   c.   135,   s.   1  (i). 

5534.  Special  tax  levy  restored  at  any  time  in  abolished  district.     The 

provisions  for  ordering  a  new  election  to  revoke  a  special  tax  in  any  special 
tax  district  shall  not  apply  to  elections  in  such  districts  for  increasing  or 
restoring  the  special  tax  levy  in  such  district,  which  elections  may  be  ordered 
and  held  at  any  time  in  accordance  with  the  provisions  of  this  article  for 
establishing  new  special  tax  districts. 

Rev.,  s.  4115;  1909,  c.  525,  s.  4. 

5535.  Increasing  levy  in  special  district,  where  inadequate.    When  it  shall 
be  ascertained  upon  the  written  petition  of  one-third  of  the  qualified  voters 
of  the  special  tax  district,  endorsed  by  the  county  board  of  education,  that 
the  special  tax  levied  under  this  article  shall  be  inadequate  to  maintain  and 
support  the  school  or  schools  of  the  special  tax  district,  then  it  shall  be  com- 
petent to  hold  an  election  in  the  district  to  increase  the  special  tax  levy  upon 
real  and  personal  property  and  polls  to  an  amount  not  exceeding  fifty  cents 
on  the  one  hundred  dollars  valuation  of  property  and  one  dollar  and  fifty 


46  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

cents  on  the  poll.  This  election  shall  be  called  and  held  in  the  same  manner 
as  the  election  for  creating  the  special  tax  district  as  provided  in  this  article ; 
but  no  election  shall  be  held  oftener  than  once  in  two  years. 

Rev.,  s.  4115;  1917,  c.  102,  s.  5;  1919,  cc.  64,  254,  s.  11. 

5536.  Money  to  be  expended  by  school  committee.  All  money  levied 
under  the  provisions  of  this  article  shall,  upon  collection,  be  placed  to  the 
credit  of  the  school  committee  in  the  district,  which  committee  shall  be  ap- 
pointed by  the  county  board  of  education ;  and  such  school  committee  shall 
apportion  the  money  among  the  schools  in  the  district  in  such  manner  as  in 
its  judgment  will  equalize  school  facilities. 

Rev.,   s.   4115. 


SUBCHAPTEK  IV.     PUBLIC  SCHOOL  SYSTEM  AND 
INSTRUCTION 

ART.  19.     GENERAL   SCHOOL   SYSTEM 

5537.  Constitutional  provisions.    The  people  have  the  right  to  the  privi- 
lege of  education,  and  it  shall  be  the  duty  of  the  state  to  guard  and  maintain 
that  right;  and  religion,  morality,  and  knowledge  being  necessary  to  good 
government  and  the  happiness  of  mankind,  schools  and  the  means  of  educa- 
tion shall  forever  be  encouraged.     The  general  assembly   shall  provide  by 
taxation  and  otherwise  for  a  general  and  uniform  system  of  public  schools, 
wherein  tuition  shall  be  free  of  charge  to  all  children  of  the  state  between  the 
ages  of  six  and  twenty -one  years ;  and  the.  general  assembly  is  empowered  to 
enact  that  every  child  of  sufficient  mental  and  physical  ability  shall  attend 
the  public  schools,  during  the  period  between  the  ages  of  six  and  eighteen 
years,  for  a  term  of  not  less  than  sixteen  months,  unless  educated  by  other 
means. 

Rev.,  s.  4085  ;  Const.,  Art.  I.  s.  27  ;  Art.  IX,  ss.  1,  2,  15. 

5538.  Separation  of  races.     The  children  of  the  white  race  and  the  chil-  | 
dren  of  the  colored  race  shall  be  taught  in  separate  public  schools,  but  there  ; 
shall  be  no  discrimination  in  favor  of  or  to  the  prejudice  of  either  race.    All  j 
white  children  shall  be  taught  in  the  public  schools  provided  for  the  white 
race,  and  all  colored  children  shall  be  taught  in  the  public  schools  provided  | 
for  the  colored  race ;  but  no  child  with  negro  blood,  or  what  is  generally  known 
as  Croatan  Indian  blood,  in  his  veins,  however  remote  the  strain,  shall  attend  , 
a  school  for  the  white  race,  and  no  such  child  shall  be  considered  a  white 
child.    The  descendants  of  the  Croatan  Indians  now  living  in  Robeson,  Samp-  j 
son,  and  Richmond  counties  shall  have  separate  schools  for  their  children, 
as  hereinafter  provided  in  this  chapter. 

Rev.,  s.  4086 ;  Const,  Art.  IX,  s.  2  ;  1901,  c.  4,  s.  68  ;  1903,  c.  435,  s.  22  ;  1915,  c.  236,  s.  1. 

5539.  Women  on  school  boards.     Positions  on  committees  for  rural  and  ! 
graded  schools,  boards  of  trustees  of  state  schools  and  colleges  for  women, 
and  subtext-book  commissions  shall  not  be  deemed  offices  within  this  state, 
but  shall  be  places  of  profit  or  trust ;  and  women  shall  be  eligible  to  serve  in  I 
such  positions  under  the  same  conditions  and  restrictions  as  are  now  imposed  i 
upon  men.     The  provisions  of  this  section  shall  not  apply  to  any  position  or  [ 
place  where  the  person  holding  such  position  or  place  is  elected  by  the  people. 

1913,  c.  170. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  47 

5540.  Closing  schools  for  nonattendance.    When  a  monthly  or  weekly  re- 
port of  any  school  where  the  district  does  not  contain  over  one  hundred  and 
fifty  children  shows  an  average  daily  attendance  of  less  than  one-fifth  of  the 
school  census,  the  committee  may,  with  the  approval  of  the  county  superin- 
tendent of  schools,  order  the  school  to  be  closed,  and  the  money  due  such 
school  shall  remain  to  the  credit  of  that  school;  but  all  funds  remaining  to 
the  credit  of  such  school  at  the  close  of  the  school  year,  unused,  because  of 
nonattendance,   shall  be  returned  to  the  general   fund  for   reapportionment, 
unless  such  nonattendance  shall  have  been  caused  by  providential  or  other 
unavoidable  causes ;  and  the  county  board  of  education,  upon  the  recommen- 
dation of  the  county  superintendent,  shall  have  authority  to  close  any  school 
for  either  race  in  any  township  before  it  shall  have  continued  for  the  average 
length  of  school  term  for  the  township  in  case  the  attendance  does  not  justify 
the  continuance  of  the  school,  and  the  money  remaining  to  the  credit  of  such 
•district  thus  closed  for  nonattendance  shall  be  returned  to  the  general  school 
fund. 

Rev.,  s.  4164. 

5541.  Branches  taught.     The  branches  to  be  taught  in  all  the  public 
schools  shall  be  spelling,  reading,  writing,  arithmetic,  drawing,  language  les- 
sons  and   composition,   English   grammar,   geography,    the   history   of   North 
Carolina  and  the  United  States,  elements  of  agriculture,  and  oral  and  text- 
book instruction  in  elementary  physiology  and  hygiene,  including  the  nature 
and  effect  of  alcoholic  drinks  and  narcotics:  Provided,  that  in  public  schools 
employing  more  than  one  teacher  the  elements  of  civil  government,  containing 
the  constitution  of  North  Carolina  and  the  United   States,  and  such  other 
subjects  of  study  as  the  state  board  of  education  may  direct,  shall  be  taught 
after  adequate  provision  shall  have  first  been  made  for  the  thorough  teaching 
of  the  branches  before  named. 

1919,  c.  254,  s.  2. 

5542.  Fire  prevention  to  be  taught.    It  shall  be  the  duty  of  the  insurance 
•commissioner  and  the  superintendent  of  public  instruction  to  provide  as  far 
as  practicable  for  the  teaching  of  "Fire  Prevention"  in  the  colleges  and  schools 
of  the  state,  and  to  arrange,  if  possible,  for  a  text-book  adapted  to  such  use. 

1915,  c.  166,  s.  5. 

NOTE. — As  to  fire  prevention  and  "Fire  Prevention  Day,"  see  chapter  Fire  Protection, 
tirt.  1. 

NOTE. — Section  5698  of  this  chapter  contains  list  of  subjects  of  text-books  to  be  taught  in 
.•schools. 

For  provisions  regulating  teaching  of  elementary  branches  in  high  schools,  and  high  school 
•subjects  in  public  schools,  see  this  chapter,  sees.  5517,  5518. 

ART.  20.     ARBOR  DAY 

5543.  Arbor  day  designated.    The  Friday  following  the  first  day  of  No- 
vember in  each  year  shall  be  known  as  Arbor  Day,  to  be  appropriately  ob- 
served by  the  public  schools  of  the  state. 

1915,  c.  51,  s.  1. 

5544.  Governor  to  make  proclamation  for  observance  by  schools.     The 

•governor  is  herewith  authorized  to  make  proclamation  setting  forth  the  pro- 
visions of  this  act  and  recommending  that  arbor  day  be  appropriately  observed 
by  the  school  children  of  the  state,  in  order  that  they  may  be  brought  up  to 
appreciate  the  true  value  of  trees  and  forests  to  their  state. 

1915,   c.   51,  s.   2. 


48  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5545.  State  superintendent  to  provide  for  observance.     It  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction  to  take  the  matter  of  the 
observance  of  arbor  day  by  the  public  schools  of  the  state  under  his  general 
supervision,  to  issue  each  year  a  program  for  its  observance  to  cover  such 
part  of  the  day  as  he  may  prescribe,  and  to  transmit  suitable  instructions  to 
the  county  school  authorities  under  his  charge  for  an  appropriate  observance 
of  arbor  day. 

1915,  c.  61,  s,  3. 
ART.  21.     SEPARATE  SCHOOLS  FOR  INDIANS  IN  CERTAIN  COUNTIES 

5546.  Indians   subject  to   article   designated.     The   persons   residing   in 
Robeson,  Richmond,  and  Sampson  counties,  supposed  to  be  descendants  of  a 
friendly  tribe  once  residing  in  the  eastern  portion  of  the  state,  known  as 
Croatan  Indians,  and  who  have  heretofore  been  known  as  "Croatan  Indians" 
or  "Indians  of  Robeson  County,"  and  their  descendants,  shall  be  known  and 
designated  as  the  "Cherokee  Indians  of  Robeson  County" ;  and  the  persons 
residing  in  Person  county  supposed  to  be  descendants  of  a  friendly  tribe  of 
Indians  and  White's  Lost  Colony,  once  residing  in  the  eastern  portion  of  this 
state,  and  known  as  "Cubans,"   and  their  descendants  shall  be  known  and 
designated  as  the  "Indians  of  Person  County." 

Rev.,  s.  4168;  1885,  c.  51,  s.  2;  1911,  c.  215;  P.  L.  1911,  c.  263;  1913,  c.  123;  P.  L.  1913, 
c.  22. 

NOTE. — For  separate  schools  for  Indians  in  Scotland  county,  see  1909,  c.  720.  For  separate 
schools  in  Cumberland  county,  see  1907,  c.  499. 

5547.  To  have  separate  schools.    The  Indians  mentioned  above  and  their 
descendants  shall  have  separate  schools  for  their  children,  school  committees 
of  their  own  race  and  color,  and  shall  be  allowed  to  select  teachers  of  their 
own  choice,  subject  to  the  same  rules  and  regulations  as  are  applicable  to 
all  teachers  in  the  general  school  law,  and  there  shall  be  excluded  from  such 
separate  schools  all  children  of  the  negro  race  to  the  fourth  generation. 

Rev.,  s.  4168  ;  1885,  c.  61,  s.  2 ;  1889,  c.  60,  s.  1 ;  1911,  c.  215. 

5548.  Duty  of  county  board.    It  shall  be  the  duty  of  the  county  board  of 
education  to  see  the  provisions  of  this  article  carried  into  effect,  and  the 
board  shall  for  that  purpose  have  the  census  taken  of  all  the  children  of  such 
Indians  and  their  descendants  between  the  ages  of  six  and  twenty-one,  and 
proceed  to  establish  such  suitable  school  districts  as  shall  be  necessary  for 
their  convenience,  and  take  all  such  other  and  further  steps  as  may  be  neces- 
sary for  the  purpose  of  carrying  such  section  into  effect. 

Rev.,  s.  4169;  1885,  c.  61,  ss.  3,  4. 

5549.  Right  to  attend  school  in  other  districts.     Where  any  children, 
descendants  of  such  Indians,  reside  in  any  district  in  the  counties  mentioned 
in  this  article  in  which  there  are  no  separate  schools  provided  for  their  race, 
they  shall  have  the  right  to  attend  any  of  the  public  schools  in  the  county 
provided  for  their  race,  and  their  share  of  the  public  school  fund  shall  be 
appropriated  to  their  education  upon  the  certificate  of  the  school  committee 
in  the  district  in  which  they  reside,  stating  that  they  are  entitled  to  attend 
such  public  schools. 

Rev.,  a.  4169;  1885,  c.  51,  ss.  3,  4  ;  P.  L.  1911,  c.  263;  P.  L.  1913,  c.  22. 

5550.  Pro  rata  share  of  school  fund  kept  separate.    The  treasurer  of  the 
county  school  fund  and  other  proper  authorities  whose  duties  are  to  collect, 
keep,  and  apportion  the  school  fund  shall  procure  from  the  county  board  of 


PUBLIC  SCHOOL  LAW  OF  WORTH  CAROLINA  49 

education  the  number  of  children  in  the  county  between  the  ages  of  six  and 
twenty-one,  belonging  to  such  Indian  race,  and  shall  set  apart  and  keep 
separate  their  pro  rata  share  of  the  school  funds,  which  shall  be  paid  out 
under  the  same  rules  in  every  respect  as  are  provided  in  the  general  school 
law  and  in  the  preceding  sections. 

Rev.,  s.  4170  ;  1885,  c.  51,  s.  4. 

5551.  Application  of  general  school  law.    The  general  public  school  law 
shall  be  applicable  in  all  respects  to  such  separate  schools  for  the  Indians 
mentioned  in  this  article,  except  where  such  general  law  is  repugnant  to  these 
special  provisions  relating  to  such  schools;  and  these  special  provisions  for 
such  separate  schools  shall  apply  only  to  the  counties  of  Robeson,  Richmond, 
Sampson,  and  Person. 

Rev.,  s.  4171;  1885,  c.  51,  s.  5;  1911,  c.  215;  P.  L.  1911,  c.  263;  1913,  c.  123. 
ART.  22.     INSTRUCTION  IN  TEMPERANCE 

5552.  Minimum  of  instruction;  how  and  when  given.    In  addition  to  the 
branches  in  which  instruction  is  now  required  by  law  to  be  given  in  all 
schools  supported  wholly  or  in  part  by  public  money,  instruction  shall  also 
be  given  as  to  the  nature  of  alcoholic  drinks  and  other  narcotics  and  their 
effect  upon  the  human  system,  in  connection  with  the  various  divisions  of 
physiology  and  hygiene.     Such  subject  shall  be  taught  in  each  school  year 
below  the  second  year  in  the  high  schools,  and  shall  be  taught  as  thoroughly 
as  arithmetic  and  geography  are  taught  in  said  schools.     Such  instruction 
shall  be  given  by  the  use  of  text-books  in  the  hands  of  all  pupils  in  all  grades 
from  the  fourth  grade  to  the  first  year  in  the  high  school,  inclusive,  or  in 
corresponding  classes  in  graded  schools,  and  orally  to  all  pupils  in  the  first 
three  or  primary  grades,  by  teachers  using  text-books  adapted  to  such  oral 
instruction  as  a  guide  and  standard ;  and  all  pupils  must  pass  such  tests  as 
may  be  required  in  other  studies  before  promoting  to  the  next  succeeding 
year's  work.    The  minimum  amount  of  such  instruction  shall  be  two  lessons 
each  week  for  ten  weeks,  or  the  equivalent  of  the  same,  in  schools  employ- 
ing one  teacher,  and  three  lessons  each  week  for  ten  weeks,  or  the  equivalent 
of  the  same,  in  schools  employing  two  or  more  teachers.     Such  instruction 
shall  be  given  as  aforesaid  to  all  pupils  in  all  public  schools  of  the  state. 

1907,  c.  957,  a.  1. 

5553.  Gradations  and  regulations  as  to  text-books.    The  text-books  used 
for  the  instruction  required  to  be  given  by  the  preceding  section  shall  be 
graded  to  the  capacities  of  the  pupils,  and  for  students  below  high-school 
grade  such  text-books  shall  give  at  least  one-fifth  their  space,  and  for  students 
of  fifth  school  grade  they  shall  give  not  less  than  twenty  pages  to  the  nature 
and  effect  of  alcoholic  drinks  and  other  narcotics;  but  no  book  in  which  the 
required  amount  of  this  subject  shall  appear,  in  whole  or  in  part,  as  a  separate 
chapter  at  the  end  of  the  book,  shall  be  considered  as  complying  with  the 
requirements  of  this  statute,  and  no  topical  outline  of  study  for  the  guidance 
of  teachers  which  reduces  the  amount  of  temperance  instruction  below  that 
which  is  required  by  the  text-books  provided  for  in  this  article  shall  be  con- 
sidered as  complying  with  the  intent  of  the  law.     No  text-book  on  physiology 
or  hygiene  not  conforming  to  this  article  shall  be  used  in  the  public  schools 

4 


50  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

except  so  long  as  may  be  necessary  to  fulfill  the  conditions  of  any  legal  adop- 
tion existing  on  the  eleventh  day  of  March,  nineteen  hundred  and  seven. 

1907,  c.  957,  s.  2. 

5554.  Training  of  teachers  for  this  instruction.     In  all  normal  schools, 
teachers'  training  classes,  teachers'  institutes,  teachers'  associations,  summer 
schools,  and  all  other  organizations  for  the  equipment  of  teachers,  adequate 
time  and  attention  shall  be  given  to  instruction  in  the  best  methods  of  teach- 
ing physiology  and  hygiene,  with  special  reference  to  the  nature  of  alcoholic 
drinks  and  other  narcotics;  and  no  teacher  shall  be  licensed  who  has  not 
passed  a  satisfactory  examination  in  this  subject  and  the  best  method  of 
teaching  it. 

1907,  c.  957,  s.   3. 

5555.  Enforcement  of  temperance  instruction.     It  shall  be  the  duty  of 
the  proper  officer  in  control  of  any  school  or  schools  described  in  the  first  and 
third  sections  of  this  article  to  enforce  the  provisions  of  this  article ;  and  any 
such  officer,  school  director,  committee,  superintendent,  or  teacher  who  shall 
refuse  or  neglect  to  comply  with  the  requirements  of  this  article  or  shall 
neglect  or  fail  to  make  proper  provision  for  the  instruction  required  and  in 
the  manner  specified  for  all  pupils  in  each  and  every  school  under  his  control 
and  supervision,  shall  be  removed  from  office  and  the  vacancy  filled  as  in  other 
cases ;  and  if  it  be  satisfactorily  proved  that  trustees  or  boards  of  education 
or  boards  of  educational  institutions,  receiving  money  from  the  state,  have 
failed  to  enforce  this  article,  as  far  as  they  have  authority,  it  shall  be  deemed 
sufficient  cause  for  withholding  the  warrant  for  the  state  appropriation  of 
school  money  to  which  such  district  or  educational  institution  would  other- 
wise be  entitled. 

1907,  c.  957,  s.  4. 

ART.  23.     INSTRUCTION  IN  AGRICULTURE,  MANUAL  TRAINING,  AND 

HOME  ECONOMICS 

5556.  State  superintendent  to  prepare  courses  and  publish  bulletins.    The 

state  superintendent  of  public  instruction  shall  prepare  or  have  prepared 
courses  of  study  in  agriculture,  manual  training,  and  home  economics  for  use 
in  the  public  schools  of  the  state,  and  shall  have  the  same  printed  in  bulletin 
form,  said  bulletins  to  be  used  as  supplementary  texts  and  guides  in  teaching 
these  subjects  in  all  public  schools. 

These  bulletins  shall  contain  courses  of  study  and  readily  usable  outlines 
in  agriculture,  including  crop  production  and  management,  gardening  and 
fruit  growing,  livestock  farming,  including  simple  lessons  in  home  dairying 
and  poultry  raising,  manual  training  and  home  economics,  and  any  other 
subjects  which  may  be  considered  necessary  in  the  teaching  of  the  above 
named  courses. 

1919,  c.  255,  s.  1. 

5557.  Bulletins  furnished  without  cost.    The  bulletins  provided  for  in  this 
article  shall  be  published  by  the  state  board  of  education  and  printed  by  the 
state  printer,  as  state  printing,  and  shall  be  furnished  to  the  teachers  and 
public  school  children  of  the  state,  without  cost.     These  bulletins  shall  be 
distributed  from  the  office  of  the  state  superintendent  of  public  instruction 
as  are  other  publications  of  the  department. 

1919,  c.  255,  a.  6. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  51 

5558.  Time  given  to  subjects  for  different  classes  of  schools.    The  state 
superintendent  of  public  instruction  shall  fix  the  minimum  time  to  be  given 
to  the  teaching  of  agriculture,  manual  training,  and  home  economics  in  the 
respective  grades,  having  in  mind,  in  the  preparing  of  these  regulations,  the_ 
conditions   existing  in   the  one-teacher   school,   the   two-teacher   school,   and 
three-teacher  school,  and  all  of  the  regularly  organized  schools  as  distinctive 
types  for  which  this  material  is  to  be  provided. 

1919,  c.  255,  s.  3. 

5559.  School  credits  for  outside  work.     For  the  purpose  of  encouraging 
the  practical  application  of  the  principles  taught  in  the  classroom,  the  state 
superintendent  of  public  instruction  shall  prepare  a  system  of  credits,  whereby 
the  boys  and  girls  shall  receive  credit  for  work  done  outside  of  the  school 
hours,  upon  the  farm  and  in  the  home,  in  conformity  with  the  present  system 
of  credits  obtaining  in  our  public  schools. 

1919,  c.  255,  s.  2. 

5560.  Lands  for  demonstration  work.     The  board  of  education  of  any 
county,  or  the  board  of  control  in  any  school  of  the  state,  may  secure  by  dona- 
tion,  purchase,   condemnation   proceedings,   or   through   lease,   one   or   more 
acres  of  land  adjacent  to  or  near  any  school  site  for  the  purpose  of  conducting 
practical  demonstrations  of  the  principles  taught  in  the  classroom. 

1919,  c.  255,  s.  5. 

5561.  Examination  and  training  of  teachers.     All  teachers  of  the  state 
offering  to  teach  any  grade  in  which  the  subjects  herein  specified  are  required 
in  any  of  the  rural  schools  shall  pass  an  examination  on  the  subjects  of 
agriculture,  manual  training,  and  home  economics,  in  so  far  as  the  teaching 
of  these  subjects  applies  to  their  respective  grades,  and  upon  the  bulletins 
provided  for  in  this  article,  but  this  requirement  does  not  apply  to  teachers 
entering  the  profession  prior  to  July  first,  one  thousand  nine  hundred  and 
nineteen.     Furthermore,  the  bulletins  herein  provided  for  shall  be  made  a 
part  of  the  course  of  study  in  agriculture,  manual  training,  and  home  econom- 
ics in  summer  schools  for  teachers,  conducted  by  the  various   State  insti- 
tutions and  in  other  courses  for  the  improvement  of  teachers. 

1919,  c.  255,  ss.  7,  8. 

5562.  All  teachers  may  be  examined.     Every  county  superintendent  in 
the  state,  together  with  state  board  of  examiners  and  institute  conductors,  is 
hereby  empowered  to  require  satisfactory  evidence,  by  examination  or  other- 
wise of  the  ability  of  every  teacher  in  the  respective  counties  to  teach  the 
subject-matter  contained  in  the  bulletins  herein  provided  for. 

1919,  c.  255,  s.  9. 

5563.  All  schools  required  to  give  courses.     Every  public  school  in  the 
state,  unless  exempted  by  the  following  section,  shall  be  required  to  give 
courses  in  agriculture,  manual  training,  and  home  economics,  as  prescribed 
herein,  to  its  students. 

1919,  c.  255,  s.  10. 

5564.  Town  schools  exempted.     Schools  operating  in  towns  of  a  popula- 
tion of  two  thousand  or  more  may  be  exempt  from  the  provisions  of  this 
article  by  permission  granted  such  schools  by  their  local  boards:     Provided 
that  courses  of  study  in  home  gardening,  school  gardening,  manual  training 
and  home  economics,  suited  to  the  needs  of  such  schools,  shall  be  prepared. 

1919,  c.  255,  s.  4. 


52  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5565.  Reports  by  county  superintendents.     Every  county  superintendent 
of  public  instruction  shall  report  to  the  state  superintendent  of  public  in- 
struction within  sixty  days  after  the  beginning  of  the  school  term  in  his 
county,  as  to  whether  or  not  such  courses  as  are  provided  for  herein  are 
being  taught. 

1919,   c.   255,  s.   11. 

ART.   24.     COUNTY    FARM-LIFE    SCHOOLS 

5566.  Establishment  of  school  in  county.    There  shall  be  established  and 
maintained  in  every  county  complying  with  the  provisions  of  this  article,  as 
hereinafter  set  forth,  a  school  to  be  known  as  a  "County  Farm-life  School," 
for  the  training  and  preparation  of  the  boys  and  girls  of  the  county  for  farm 
life  and  home-making. 

1911,  c.  84,  s.  1. 

5567.  Aim  of  school  and  course  of  study.    The  aim  of  said  school  shall 
be  to  prepare  boys  for  agricultural  pursuits  and  farm  life  and  to  prepare  girls 
for  home-making  and  housekeeping  on  the  farm.     The  course  of  study  shall 
include  practical  work  on  the  farm  by  the  boys  and  practical  work  in  all 
subjects  relating  to  housekeeping  and  home-making  by  the  girls.    The  course 
of  study  in  said  school  shall  be  subject  to  the  approval  of  the  state  board  for 
vocational  education. 

1911,  c.  84,  s.  2 ;  1919,  c.  257,  s.  1. 

5568.  Board   of  trustees;   appointment;   terms;   vacancies.     The   school 
shall  be  under  the  control  and  management  of  a  board  of  trustees  of  practical 
farmers,  consisting  of  one  member  from  each  township  in  the  county,  ap- 
pointed by  the  county  board  of  education,  who  shall  serve  until  their  suc- 
cessors shall  be  appointed.     The  first  board  of  trustees  shall  be  divided  by  the 
county  board  of  education  into  three  as  nearly  equal  groups  as  possible — 
one  group  shall  be  appointed  for  a  term  of  two  years,  one  group  for  a  term  of 
four  years,  and  one  group  for  a  term  of  six  years.    Upon  the  expiration  of 
the  term  of  office  of  any  trustee  his  successor  shall  be  appointed  for  a  term 
of  six  years.     The  county  superintendent  of  public  instruction  shall  be  ex 
officio  a  member  of  said  board  and  secretary  thereof.     All  vacancies  occur- 
ring by  death,  resignation,  or  otherwise,  in  said  board  shall  be  filled  for  the 
unexpired  term  by  the  county  board  of  education. 

1911,  c.  84,  s.  3. 

5569.  Qualification  and  organization  of  board.     Within  ten  days  after 
any  county,  township,  or  townships  shall  have  complied  with  the  provisions 
of  this  article,  as  hereinafter  set  forth,  for  the  maintenance  and  equipment 
of  the  school,  the  members  of  the  board  of  trustees  shall  be  appointed,  and 
the  county  superintendent  shall  duly  notify  them  to  meet  at  the  county  seat 
within  ten  days  after  their  appointment  to  qualify  and  organize. 

1911,  c.  84,  B.  4. 

5570.  Location  of  school.    After  due  advertisement,  inviting  bids  for  the 
location  of  said  school  within  the  county,  the  board  of  trustees  shall  locate 
it  at  such  place  in  said  county  as  shall  offer  the  largest  financial  aid  for  main- 
tenance and  equipment,  having  due  regard  for  desirability  and  suitability  of 
location:     Provided,  however,  that  said  school  shall  not  be  located  in  any 
city  or  town  of  more  than  one  thousand  inhabitants,  nor  within  two  miles 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  53 

of  the  corporate  limits  of  any  city  or  town  of  more  than  five  thousand  inhab- 
itants. 

1911,  c.  84,  s.  5. 

5571.  Buildings;    farm;    maintenance.      For    the    maintenance    of    saicL 
school,  the  county  or  township  or  school  district,  or  all  combined,  wherein  it  is 
located,  shall  provide  annually,  by  taxation  or  otherwise,  not  less  than  twenty- 
five  hundred  dollars.     The  county  or  township  or  school  district,  or  all  com- 
bined, shall  provide  by  bond  issue,  or  otherwise,  the  following  equipment  for 
said  school:     a  school  building  with  recitation  rooms  and  laboratories  and 
apparatus  necessary  for   efficient  instruction  in  the   prescribed   subjects  of 
study;  dormitory  buildings  with  suitable  accommodations  for  not  less  than 
twenty-five  boys  and  twenty-five  girls ;  a  barn  and  dairy  building  with  neces- 
sary equipment ;  a  farm  of  not  less  than  fifty  acres  of  good  arable  land.     All 
of  said  buildings  shall  be  located  on  said  farm  and  shall  be  constructed  in 
accordance  with  plans  approved  by  the  state  superintendent  of  public  instruc- 
tion, and  the  entire  equipment  shall  be  subject  to  his  approval  and  acceptance 
after  inspection. 

1911,  c.  84,  s.  6;  1919,  c.  257,  s.  3. 

5572.  Authority   to   accept   erected  school  building.     Upon   the   recom- 
mendation of  the  board  of  trustees  and  the  presentation  of  satisfactory  rea- 
sons therefor,  the  state  superintendent  of  public  instruction  may  grant  per- 
mission to  the  board  of  trustees  to  accept  any  suitable  and  properly  equipped 
school  building  already  constructed,  though  it  may  not  be  located  on  the  farm, 
provided  it  be  located  within  reasonable  and  convenient  distance  thereof. 

1911,  c.  84,  s.  6;  1919,  c.  257,  s.  4. 

5573.  Election  in  county  to  establish  schools.    1.  Upon  written  request  of 
the  county  board  of  education  of  any  county,  the  board  of  county  commission- 
ers of  said  county  may  in  their  discretion  order  an  election  to  be  held  in  said 
county,  in  accordance  with  the  law  governing  general  elections  therein,  as 
nearly  as  may  be.     A  new  registration  shall  be  ordered  for  said  election ;  and 
not  less  than  thirty  days  notice  of  said  election  shall  be  given  at  the  court- 
house door  and  three  other  public  places  in  the  county ;  and  if  there  be  news- 
papers published  in  the  county,  a  notice  of  said  election  shall  also  be  published 
weekly  for  four  successive  weeks  preceding  said  election  in  one  newspaper 
therein;  and  the  registrars  and  poll-holders  shall  canvass  the  vote  cast,  de- 
clare the  result,  and  duly  certify  the  returns  to  the  board  of  county  commis- 
sioners, and  the  returns  shall  be  recorded  in  the  records  of  said  board  of 
county  commissioners. 

2.  At  said  election  shall  be  submitted  to  the  qualified  voters  of  the  county 
the  question  of  levying  and  collecting  a  special  tax  on  all  taxable  property 
and  polls  of  said  county  for  the  maintenance  and  equipment  of  a  "County 
Farm-life  School"  therein.     At  such  election  those  favoring  the  levying  and 
collecting  of  such  a  tax  for  such  purpose  shall  vote  a  ballot  on  which  shall 
be  written  or  printed  the  words  "For  County  Farm-life  School" ;  and  those 
opposed  shall  vote  a  ballot  on  which  shall  be  written  or  printed  the  words 
"Against  County  Farm-life  School." 

3.  If  a  majority  of  the  qualified  voters  shall  vote  "For  County  Farm-life 
School,"  then  all  the  provisions  of  this  article  shall  be  in  full  force  and  effect, 
and  the  county  commissioners  shall  annually  levy  and  cause  to  be  collected,  in 
the  same  manner  and  at  the  same  time  as  other  taxes  of  the  county  are  levied 


54  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

and  collected,  a  tax  on  all  property  and  polls  of  the  county  sufficient  to  pro- 
vide the  sum  required  for  the  annual  maintenance  of  said  school,  and,  in  ad- 
dition, the  sum  required  for  the  payment  of  the  annual  interest  on  such  bond 
issue  as  may  be  found  necessary  for  providing  the  equipment  for  the  school 
as  said  interest  accrues,  and  to  create  a  sinking  fund  for  the  purpose  of  pay- 
ing off  and  discharging  said  bonds  as  they  become  due.  The  bond  of  the  sheriff 
or  tax  collector  of  said  county  shall  be  responsible  for  the  tax  to  the  same  ex- 
tent as  it  is  liable  for  other  taxes  collected  by  him. 

1911,  c.  84,  s.  7. 

5574.  Issuance  of  bonds.    If  a  majority  of  the  qualified  voters  at  the  elec- 
tion shall  vote  "For  County  Farm-life  School,"  it  shall  be  deemed  and  held 
that  a  majority  of  the  qualified  voters  are  in  favor  of  granting  to  the  board  of 
county  commissioners  of  said  county  authority  to  issue  bonds  in  an  amount 
not  to  exceed  fifty  thousand  dollars  for  the  purpose  of  providing  the  necessary 
equipment;  and  such  authority  shall  be  granted  to  and  vested  in  said  board 
of  county  commissioners  and  said  board  is  hereby  authorized  and  empowered 
to  issue  and  sell  bonds  in  the  name  of  said  county  to  an  amount  not  to  exceed 
twenty-five  thousand  dollars,  of  such  denomination  and  of  such  proportion  as 
said  board  of  county  commissioners  may  deem  advisable,  bearing  interest  at 
a  rate  not  to  exceed  six  per  cent,  with  interest  coupons  attached,  payable  at 
such  time  or  times,  and  at  such  place  or  places  as  they  may  deem  advisable, 
such  bonds  to  be  of  such  form  and  tenor  and  transferable  in  such  way,  and 
the  principal  thereof  payable  or  redeemable  at  such  time  or  times,  not  less 
than  fifteen  years  from  the  date  thereof,  and  at  such  place  or  places  as  the 
board  of  county  commissioners  may  determine. 

The  proceeds  arising  from  the  sale  of  said  bonds  shall  be  expended  by  said 
board  of  county  commissioners  in  providing,  by  purchase  or  otherwise,  the 
equipment  in  land,  buildings,  and  apparatus  required  under  this  article  for 
the  "County  Farm-life  School."  The  treasurer  of  said  county  shall  receive 
no  compensation  for  receiving  or  disbursing  the  money  which  may  be  received 
from  the  sale  of  said  bonds. 

1911,  c.  84,  s.  8;  1919,  c.  257,  s.  4. 

5575.  Township  election  to  secure  location.     The  county  commissioners 
of  any  county  that  has  voted  for  the  establishment  of  a  "County  Farm-life 
School"  therein  shall,  upon  petition  of  one-fourth  of  the  freeholders  in  any 
township  applying  to  the  trustees  of  said  "County  Farm-life  School"  to  secure 
the  location  of  said  school  therein,  order  an  election  therein,  to  be  held  after 
thirty  days  notice  at  three  public  places  in  said  township,  under  the  law  gov- 
erning state  and  county  elections  as  nearly  as  may  be,  and  the  returns  of  said 
election  shall  be  certified  by  the  registrars  and  poll-holders  to  the  board  of 
county  commissionsers,  and  the  same  shall  be  recorded  in  the  records  of  said 
county  commissioners.    At  the  election  shall  be  submitted  to  the  qualified 
voters  of  said  township  the  question  of  issuing  bonds  in  a  sum  not  to  exceed 
fifty  thousand  dollars,  the  amount  of  said  bond  issue  to  be  set  out  in  the 
petition  for  said  election,  and  of  levying  and  collecting  on  all  taxable  property 
and  polls  in  said  township  a  special  tax  sufficient  to  provide  for  the  payment 
of  the  interest  on  said  township  bonds  as  it  accrues,  and  to  create  a  sinking 
fund  for  the,  purpose  of  paying  off  and  discharging  said  township  bonds  as 
they  become  due.    At  such  election,  those  favoring  the  levying  and  collection 
of  such  a  tax  for  such  purpose  shall  vote  a  ballot  on  which  shall  be  written  or 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  55 

printed  the  words  "For  County  Farm-life  School,"  and  those  opposed  shall 
vote  a  ballot  on  which  shall  be  written  or  printed  the  words  "Against  County 
Farm-life  School." 

1911,  c.  84,  s.  9;  1919,  c.  257,  s.  5. 

5576.  Township  bonds  to  secure  location.    If  a  majority  of  the  qualified 
voters  at  said  election  shall  vote  "For  County  Farm-life  School,"  then  it  shall 
be  deemed  and  held  that  a  majority  of  the  qualified  voters  are  in  favor  of 
granting  to  the  board  of  county  commissioners  of  said  county  authority  to 
issue  bonds  in  the  name  of  said  township  in  such  amount  as  shall  have  been 
named  in  the  petition  and  notice  of  election,  to  be  sold  by  said  commissioners 
for  the  purpose  of  aiding  in  providing  the  buildings  and  farm  and  other  equip- 
ment for  "The  County  Farm-life  School,"  provided  said  school  shall  be  located 
in  said  township;  and  if  said  school  shall  be  located  in  said  township,  the 
board  of  county  commissioners  shall  annually  levy  and  cause  to  be  collected, 
in  the  same  manner  and  at  the  same  time  as  other  taxes  of  the  county  are 
levied  and  collected,  a  tax  on  all  property  and  polls  in  said  township  sufficient 
to  provide  for  the  payment  of  interest  on  said  township  bonds  as  it  accrues 
and  to  create  a  sinking  fund  for  the  purpose  of  paying  off  and  discharging 
said  township  bonds  as  they  become  due.     The  board  of  county  commissioners 
is  authorized  and  empowered  to  issue  and  sell  said  bonds  of  the  township  to 
the  amount  specified  in  the  petition  and  notice  of  election,  of  such  denomina- 
tion and  of  such  proportion  as  they  may  deem  advisable,  bearing  interest  at 
a  rate  not  to  exceed  six  per  cent,  with  interest  coupons  attached,  payable  at 
the  time  or  times,  and  at  the  same  place  or  places,  and  of  the  same  form  and 
tenor,  and  the  principal  thereof  payable  or  redeemable  at  the  same  time  or 
times  and  at  the  same  place  or  places  as  the  county  bonds  issued  by  the  board 
of  county  commissioners  for  the  equipment  of  said  "County  Farm-life  School." 

The  proceeds  arising  from  the  sale  of  the  township  bonds  shall  be  added  to 
the  proceeds  arising  from  the  sale  of  the  county  bonds  and  expended  therewith 
by  the  board  of  county  commissioners  in  providing,  by  purchase  or  otherwise, 
the  equipment  in  land,  buildings,  and  apparatus  required  in  this  article  for 
the  "County  Farm-life  School." 

1911,  c.  84,  s.  9. 

5577.  Election  by  contiguous  townships  to  secure  location.     Any  two  or 

more  contiguous  townships  bidding  for  the  location  of  the  "County  Farm-life 
School"  may  unite  and  hold  an  election  upon  the  same  terms  and  conditions  as 
are  provided  for  one  township  for  the  location  of  the  "County  Farm-life  School" 
at  such  point  in  said  townships  as  may  be  determined  by  the  board  of  trustees 
of  said  "County  Farm-life  School" :  Provided,  that  the  amount  of  bonds  au- 
thorized to  be  issued  by  one  or  more  townships  in  order  to  secure  the  location 
of  the  "County  Farm-life  School"  in  a  given  township  shall  be  deducted  from 
the  amount  of  bonds  authorized  to  be  issued  by  the  county,  so  as  to  limit  the 
total  issue  of  bonds  for  farm,  buildings,  and  equipment  to  fifty  thousand 
dollars. 

1911,  c.  84,  s.  9;  1919,  c.  257,  s.   5. 

5578.  Election  in  townships  to  establish  on  failure  of  county  election. 

1.  In  case  an  election  shall  be  ordered  and  held  in  any  county  as  herein  pro- 
vided, for  the  establishment  and  maintenance  of  a  "County  Farm-life  School" 
therein,  and  a  majority  of  the  qualified  voters  at  such  election  shall  fail  to  vote 
"For  County  Farm-life  School,"  any  township  in  said  county,  or  any  two  or 


56  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

more  contiguous  townships  in  said  county,  shall,  upon  petition  of  one-fourth  of 
the  freeholders  therein  to  the  board  of  county  commissioners  of  the  county,  have 
an  election  ordered  by  the  commissioners  upon  the  same  terms  and  conditions 
prescribed  in  the  three  preceding  sections  of  this  article :  Provided,  that  a  new 
registration  shall  be  ordered. 

2.  If  in  such  election  a  majority  of  the  qualified  voters  in  said  township  or 
townships  shall  vote  "For  County  Farm-life  School,"  then,  in  that  event,  it 
shall  be  deemed  and  held  that  the  board  of  county  commissioners  of  the  county 
is  authorized  and  empowered  to  issue  and  sell  bonds  in  the  name  of  said  town- 
ship or  townships  in  an  amount  not  to  exceed  twenty-five  thousands  dollars,  and 
to  levy  and  cause  to  be  collected,  in  the  same  manner  and  at  the  same  time  as 
other  taxes  of  the  county  are  levied  and  collected,  a  sufficient  tax  on  all  prop- 
erty and  polls  in  said  township  or  townships  to  comply  with  all  conditions 
named  in  this  article  for  the  maintenance  and  equipment  of  a  "County  Farm- 
life  School,"  subject  to  the  same  conditions  as  are  herein  provided  for  the 
issuance  and  sale  of  county  bonds  and  the  levying  and  collection  of  a  county 
tax  for  said  purpose. 

3.  The  said  "County  Farm-life  School"  shall  thereupon  be  located  at  such 
point  in  said  township  or  townships  as  may  be  determined  by  the  board  of 
trustees  of  said  "County  Farm-life  School"  provided  for  in  this  article.     Such 
school,  when  thus  established,  shall  be  a  "County  Farm-life  School"  for  said 
county,  and  shall  be  subject  to  all  the  rights,  privileges,  and  obligations  and 
conditions  prescribed  in  this  article  for  "County  Farm-life  Schools,"  except  as 
herein  otherwise  provided. 

1911,  c.  84,  a.  10. 

5579.  Provisions  for  township  school  becoming  county  farm-life  school. 

At  any  time  after  the  establishment  of  the  "County  Farm-life  School"  by  the 
township  or  townships  under  the  provisions  of  the  preceding  section,  the 
county  may  hold  an  election  as  provided  in  this  article  for  the  establishment 
of  a  county  farm-life  school  by  the  county ;  and  if  at  the  election  a  majority 
of  the  qualified  voters  of  the  county  shall  vote  "For  County  Farm-life  School," 
and  the  tax  and  bond  issue  provided  for  in  this  article  for  the  maintenance 
and  equipment  of  a  "County  Farm-life  School"  shall  be  provided,  as  directed 
herein,  by  the  county  commissioners  for  the  entire  county,  such  school  estab- 
lished by  the  township  or  townships  shall  become  a  county  farm-life  school 
in  all  respects  like  a  county  farm-life  school  established  under  this  article 
and  the  bonds  of  the  township  or  townships  and  the  tax  levied  for  the  main- 
tenance of  the  school  and  for  interest  and  sinking  fund  on  the  bonds  shall  be 
assumed  by  the  entire  county,  and  the  bonds  of  the  township  or  townships 
shall  be  canceled  by  substituting  therefor  county  bonds  as  provided  for  a 
county  farm-life  school. 

1911,  c.  84,  s.   10. 

5580.  High  school  department  in  connection  with  county  farm-life  school. 

There  shall  be  established  and  maintained  in  connection  with  each  county 
farm-life  school  such  a  high  school  course  of  study  as  may  be  approved  by 
the  state  board  for  vocational  education,  and  for  the  maintenance  of  such 
high  school  department  of  the  county  farm-life  school  there  shall  be  the  same 
county  and  state  apportionments  as  are  now  made  and  required  for  a  first- 
grade  public  high  school  under  the  provisions  of  article  entitled  General  School 
Revenue  and  Taxes,  being  article  11  of  this  chapter.  If  said  county  farm- 


PUBLIC  SCHOOL  LAW  OF  WORTH  CAROLINA  57 

life  school  shall  be  located  at  the  same  place  with  some  existing  public  high 
school  in  said  county,  then  said  public  high  school  shall  be  merged  into  and  be- 
come the  high  school  department  of  said  county  farm-life  school  as  an  organic 
part  thereof ;  and  the  appropriations  for  the  maintenance  thereof  shall  be  the 
same  as  the  appropriations  now  required  for  a  first-grade  public  high  school. 
The  requirements  for  teachers  in  said  high  school  department  of  the  county 
farm-life  school  shall  be  the  same  as  are  now  required  for  high  school  teachers 
under  the  high  school  law.  Said  high  school  department  and  course  of  study, 
however,  and  the  entire  management  of  the  same  shall  be  under  the  direction 
and  control  of  the  board  of  trustees  and  the  principal  of  the  county  farm-life 
school,  and  shall  be  conducted  as  an  organic  part  of  said  school. 

1911,  c.  84,  s.  11  ;  1919,  c.  257,  s.  6. 

5581.  Certification  of  teachers.    No  person  shall  be  employed  as  principal 
in  charge  of  any  county  farm-life  school  who  does  not  hold  a  high  school 
teacher's  certificate  on  all  required  subjects  except  Latin,  Greek,  and  Modern 
Languages,  and  endorsed  by  the  state  board  for  vocational  education.     And 
no  person  shall  be  employed  in  the  department  of  said  "County  Farm-life 
School"  for  the  special  training  of  girls  for  home-making  and  housekeeping 
on  the  farm  who  does  not  hold  a  high  school  teacher's  certificate  on  all  re- 
quired subjects  except  Latin,  Greek,  and  Modern  Languages,  and  endorsed  by 
the  state  board  for  vocational  education.     All  teachers  in  farm-life  schools 
shall  be  elected  by  the  board  of  trustees  on  the  recommendation  of  the  prin- 
cipal of  said  schools,  and  all  teachers  of  vocational  subjects  in  schools  re- 
ceiving funds  from  the  vocational  education  fund  shall  be  approved  by  the 
state  board  for  vocational  education. 

1911,  c.  84,  s.  12;  1919,  c.  257,  s.  7. 

5582.  Agricultural  and  farm-life  extension  and  demonstration.     It  shall 
be  a  part  of  the  duty  of  the  faculty  of  each  "County  Farm-life  School"  to  con- 
duct agricultural  farm-life  extension  and  demonstration  work  in  said  county, 
in  cooperation,  as  far  as  possible,  with  such  work  carried  on  in  said  county 
by  the  state  department  of  agriculture,  the  North  Carolina  State  College  of 
Agriculture  and  Engineering,  and  the  United  States  department  of  agricul- 
ture; to  hold  township  and  district  meetings  in  various  parts  of  the  county 
from  time  to  time  for  farmers  and  farmers'  wives;  to  cooperate  with  the 
•county  superintendent  of  public  instruction  and  with  the  county  commissioner 
of  agriculture,  where  such  officer  exists,  in  stimulating,  directing,  and  super- 
vising practical  farm-life  work  in  the  public  high  schools  and  the  elementary 
schools  of  the  county,  and  in  providing  instruction,  through  the  county  teach- 
ers' association  and  through  special  short  courses  of  study  at  said  "County 
Farm-life  School,"  for  the  public  school  teachers  of  said  county. 

1911,   c.   84,  a.   13. 

5583.  Short  courses  for  adults.    There  shall  be  provided  in  the  courses  of 
study  of  the  "County  Farm-life  School"  short  courses  in  farm-life  studies  to 
which  shall  be  admitted  adult  farmers,  men  and  women ;  and  there  shall  be 
held  at  the  school  annually  one  or  more  county  meetings  for  the  farmers  and 
their  wives  of  the  county  for  instruction  and  demonstration  work.     All  of  the 
work  herein  required  and  all  other  work  of  the  "County  Farm-life  School" 
shall  be  under  the  general  supervision  of  the  county  superintendent  of  public 
instruction,  and  the  school  shall  in  all  respects  be  an  organic  part  of  the 
county  public  school  system. 

1911,   c.   84,   s.   13. 


58  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5584.  Admission  of  students  from  other  counties.     The  board  of  trustees 
of  the  "County  Farm-life  School"  of  any  county  is  hereby  authorized  and  em- 
powered to  admit  students  from  other  counties  of  the  state  to  said  school  upon 
payment  of  such  rate  of  tuition  as  said  board  of  trustees  may  fix;  but  all 
students  who  are  residents  of  the  county  in  which  said  school  is  located  shall 
be  admitted  to  said  school  without  charge  for  tuition,  except  as  otherwise 
provided  in  this  article;  and  said  board  of  trustees  shall  fix  all  other  charges 
in  said  school  at  actual  cost. 

1911,   c.  84,  s.  14. 

5585.  Treasurer  of  county  farm-life  school;  compensation.     The  treasurer 
of  the  county  shall  be  the  treasurer  of  the  "County  Farm-life  School,"  and 
shall  receive  and  disburse  all  funds  therefor,  keeping  and  rendering  annually 
to  the  board  of  trustees  of  said  school  a  separate  account  of  such  receipts  and 
disbursements.     If  he  be  employed  on  salary,  he  shall  receive  no  additional 
compensation  for  his  services ;  and  if  employed  on  commission,  he  shall  re- 
ceive as  compensation  not  to  exceed  one  per  cent  on  all  disbursements  and 
nothing  on  receipts.    The  official  bond  of  said  treasurer  shall  be  responsible 
and  held  liable  for  all  funds  coming  into  his  hands  for  said  school  to  the  same 
extent  as  it  is  liable  for  other  funds  received  by  him  as  treasurer  of  said 
county. 

1911,   c.  84,  s.   15. 

5586.  Incorporation  and  powers.     The  board  of  trustees  of  said  "County 
Farm-life  School"  and  their  sucessors  in  office  shall  be  and  are  hereby  con- 
stituted a  body  corporate  by  the  name  and  style  of  "The  Board  of  Trustees  of 

the  County  Farm-life  School  of  County,"  and  by  that  name  may 

sue  and  be  sued,  contract  and  be  contracted  with,  purchase,  hold,  and  sell  real 
estate  and  personal  property,  receive  donations  by  gift  or  otherwise,  and  exer- 
cise such  other  rights  and  privileges  as  are  conferred  by  law  upon  corporate 
bodies  so  far  as  such  powers  are  necessary  or  convenient  to  the  attainment  of 
the  objects  of  the  school  or  to  the  performance  of  the  duties  of  the  board. 
The  title  to  all  lands  and  other  property  of  the  "County  Farm-life  School" 
shall  vest  in  said  board  of  trustees. 

1911,  c.  84,  s.   16. 

5587.  Appropriation  of  state  funds;  number  of  schools.     Upon  satisfac- 
tory evidence  furnished  by  the  state  board  for  vocational  education  to  the* 
state  board  of  education  that  all  the  provisions  of  this  article  for  the  estab- 
lishment, maintenance,  and  equipment  of  a  "County  Farm-life  School"  have 
been  complied  with  in  any  county,  the  said  state  board  of  education  shall 
order  the  state  superintendent  of  public  instruction  to  issue  a  requisition  upon 
the  state  auditor  for  the  sum  of  two  thousand  five  hundred  dollars  annually 
for  the  maintenance  of  said  school,  and  the  state  auditor  shall  issue  his  war- 
rant in  favor  of  the  county  treasurer  of  said  county  for  said  amount,  which 
shall  be  paid  out  of  the  state  treasury  and  the  money  placed  to  the  credit  of 
the  "County  Farm-life  School"  of  said  county ;  and  sufficient  moneys  to  pay 
said  warrants  are  hereby  appropriated  out  of  the  state  public  school  fund,  if 
the  amount  of  that  fund  is  sufficient,  after  meeting  all  of  the  requirements  of 
article  11  of  this  chapter,  otherwise  the  appropriation  shall  be  made  out  of  the 
state  funds  not  otherwise  appropriated. :    Provided,  however,  that  there  shall 
not  be  established  more  than  ten  such  schools  in  any  one  year,  and  that  not 
more  than  one  such  school  shall  be  established  in  any  county. 

1911,  c.  84,  s.  17;  1919,  c.  257,  s.  8. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  59 

5588.  County  board  may  supplement  funds.    If  the  funds  available  for  the 
maintenance  and  support  of  any  county  farm-life  school  shall  be  insufficient  to 
provide  for  the  proper  maintenance  and  support  of  said  school,  the  county 
board  of  education  of  any  county  is  hereby  empowered  to  add  to  its  annuaj^ 
budget  for  the  maintenance  and  support  of  such  school,  an  amount  not  greater 
than  one  thousand  dollars,  provided  that  this  amount  shall  not  be  duplicated 
out  of  the  state  public  school  fund. 

1919,  c.  181. 
ART.  25.     FARM-LIFE  INSTRUCTION  IN  COUNTY  HIGH  SCHOOLS 

5589.  County  high  schools  may  maintain  departments  of  instruction  in 
agriculture  and  domestic  science.    There  may  be  maintained  in  one  or  more 
of  the  public  high  schools  of  any  county  of  the  state  complying  with  the  pro- 
visions of  this  article,  as  hereinafter  set  forth,  a  department  of  agricultural 
instruction  and  a  department  of  training  in  domestic  science  and  home  eco- 
nomics in  order  to  better  prepare  the  boys  and  girls  of  said  county  for  farm 
life  and  home- making. 

1911    (Pub.-Local),  c.  449,  s.  1;  1913,  c.  105. 

5590.  Board  of  trustees  of  such  school.    The  said  school  or  schools  shall 
be  under  the  control  and  management  of  a  board  of  trustees,  consisting  of  the 
members  of  the  board  of  education  of  the  county  and  the  chairman  and  sec- 
retary of  the  board  of  trustees  of  each  high  school  in  which  such  depart- 
ments are  established. 

1911    (Pub.-Local),  c.  449,  a.  2;  1913,  c.  105. 

5591.  Selection  and  location  of  school.    After  due  advertisement  inviting 
bids  from  the  public  high  schools  of  the  county  now  in  existence  or  hereafter 
created,  the  county  board  of  education  of  the  county  shall  designate  the  place 
or  places  at  which  such  agricultural  or  domestic  science  work  shall  be  estab- 
lished.    In  designating  a  school,  the  county  board  of  education  shall  take  into 
consideration  the  financial  aid  offered  for  maintenance  and  equipment,  desir- 
ability and  suitability  of  location.     But  no  such  department  shall  be  estab- 
lished in  a  school  which  is  located  in  a  town  of  more  than  one  thousand  in- 
habitants, nor  within  two  miles  of  the  corporate  limits  of  any  city  or  town  of 
more  than  five  thousand  inhabitants. 

1911    (Pub.-Local),  c.  449,  s.  3;  1913,  c.  105. 

5592.  Maintenance  of  schools;  buildings  and  equipment.     For  the  main- 
tenance of  such  school  or  schools,  the  county  board  of  education  of  the  county 
wherein  the  school  is  established  shall  provide  annually  out  of  the  public 
school  fund,  or  by  donation  or  local  tax,  not  exceeding  twenty-five  hundred 
dollars.     The  present  average  school  term  of  the  county  shall  not  be  shortened, 
however,  by  the  appropriation  herein  designated. 

Any  school  applying  for  the  benefit  to  be  derived  under  this  article  shall 
first  provide  a  building,  with  recitation  rooms,  laboratories,  and  apparatus 
necessary  for  efficient  instruction  in  the  prescribed  courses  of  study,  and  such 
dormitory  buildings  as  the  county  board  of  education  may  require,  and  a  farm 
of  not  less  than  ten  acres  of  good  arable  land,  said  land  to  be  situated  not 
more  than  one  mile  from  the  school  buildings. 

Before  the  county  board  of  education  shall  designate  any  school  as  a  place 
at  which  the  agricultural  and  domestic  science  work  shall  become  a  part  of 


60  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

the  school  curriculum,  it  shall  first  submit  to  the  state  superintendent  of  pub- 
lic instruction  for  his  inspection  and  approval  the  equipment  provided  for 
the  school. 

1911    (Pub.-Local),  c.  449,  a.  4;  1913,  c.  105. 

5593.  Purpose  of  school  and  course  of  study.    The  purposes  of  said  school 
or  schools  are  to  give  to  the  boys  and  girls  such  preparation  as  is  now  given  in 
the  said  county  public  high  schools,  and,  in  addition  to  that,  to  give  to  the 
boys  training  in  agricultural  pursuits  and  farm  life,  and  to  prepare  the  girls 
for  home-making  and  home-keeping.     The  course  of  study  for  the  school  or 
schools  shall  be  subject  to  the  approval  of  the  state  superintendent  of  public 
instruction  and  an  advisory  board  of  farm-life  schools  to  be  appointed  by  him. 

1911    (Pub.-Local),  c.  449,  s.  5. 

5594.  Faculty  and  schedule  of  work.     The  teacher  or  teachers  of  the 
public  high  school,  the  teacher  of  agriculture,  and  the  teacher  of  domestic 
science  shall  constitute  the  faculty  of  the  county  high  school,  who  shall  ar- 
range the  weekly  schedule  of  work  and  submit  such  weekly  schedule  to  the 
county  superintendent  of  education  of  the  county  for  his  approval. 

1911    (Pub.-Local),  c.  449,  s.  6;  1913,   c.   105. 

5595.  Authority  of  high  school  principal.     Nothing  in  this  article  shall 
be  construed  to  lessen  the  power  and  authority  of  the  principal  of  the  high 
school,  but  the  instructors  in  the  various  departments  shall  be  considered 
members  of  the  faculty  of  which  the  high  school  principal  is  head. 

1911    (Pub.-Local),  c.  449,  s.  8. 

5596.  Qualifications  of  teachers.    No  person  shall  be  employed  as  teacher 
in  agriculture  or  domestic  science  in  the  school  or  schools  herein  provided  for 
unless  the  applicant  has  furnished  to  the  trustees  satisfactory  evidence  of  a 
liberal  English  education,  and,  in  addition  thereto,  special  preparation  and  fit- 
ness for  the  specific  branches  to  be  taught,  said  qualifications  to  be  passed  up- 
on by  the  county  superintendent  of  the  county,  and,  if  approved,  submitted  to 
the  state  superintendent  for  his  approval.    In  addition  to  the  above  require- 
ments, the  person  shall  hold  a  high  school  teacher's  certificate  on  all  required 
subjects  except  Latin,  Greek,  and  Modern  Languages. 

1911    (Pub.-Local),  c.  449,  s.  9;  1913,  c.  105. 

5597.  Students  from  other  counties.    The  board  of  trustees  of  the  school 
or  schools  herein  provided  for  is  authorized  and  empowered  to  admit  students 
from  other  counties  of  the  state  to  said  school  or  schools,  upon  payment  of 
such  tuition  charges  as  said  board  of  trustees  may  fix,  but  all  students  who 
are  residents  of  the  county  complying  with  the  provisions  of  this  article  shall 
be  admitted  to  any  of  said  schools  without  charge  for  tuition.     There  shall 
be  no  discrimination   against   students   coming  from   other   counties   in   the 
charges  fixed  for  board  and  incidentals. 

1911    (Pub.-Local),  c.  449,  s.  10;  1913,  c.  105. 

5598.  Agricultural  farm  life  and  extension  work.    It  shall  be  part  of  the 
duty  of  the  teachers  of  agriculture  and  domestic  science  to  conduct  agricul- 
tural farm  life  and  extension  work  in  the  county  in  cooperation,  as  far  as 
possible,  with  such  work  carried  on  in  said  county  by  the  state  department  of 
agriculture,  the  North  Carolina  State  College  of  Agriculture  and  Engineering, 
and  the  United  States  department  of  agriculture;  to  hold  township  and  dis- 
trict meetings  in  various  parts  of  the  county  from  time  to  time,  for  farmers 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  61 

and  farmers'  wives ;  to  cooperate  with  the  county  superintendent  of  education 
of  said  county  and  with  the  commissioner  of  agriculture,  if  such  officer  exists, 
in  stimulating,  directing,  and  supervising  practical  farm-life  work  in  the  public 
high  school  and  the  elementary  schools  of  said  county,  and  in  providing  in— 
struction  through  the  teachers'  association  and  through  a  special  short  course 
of  study  at  the  schools  where  agriculture  and  domestic  science  instruction  is 
given  for  the  public  school  teachers  of  the  county. 

1911    (Pub.-Local),   c.  449,  s.  11;  1913,   c.  105. 

5599.  Appropriation  by  state.  Upon  its  being  made  to  appear  to  the  state 
board  of  education  that  any  county  has  complied  with  all  the  provisions  of 
this  article  for  establishment,  maintenance,  and  equipment  of  an  agricultural 
department  and  a  domestic  science  department  in  connection  with  one  or  more 
of  the  public  high  schools  of  the  county,  it  shall  appropriate  and  pay  to  the 
county  board  of  education  of  the  said  county  for  such  purpose  an  amount 
equal  to  that  appropriated  and  furnished  by  the  county  for  said  work.     Said 
appropriation  by  the  state  board  of  education  shall  not  exceed  the  sum  of 
twenty-five  hundred  dollars  annually  for  the  maintenance  of  said  work  in  the 
county,  to  be  paid  by  the  state  treasurer  out  of  the  funds  appropriated  for  the 
maintenance  of  county  farm-life  schools  under  article  24  of  this  chapter. 

1911    (Pub.-Local),  c.  449,  s.  7;  1913,  c.  105,  s.  2. 

5600.  Share  of  state  appropriation  for  agriculture  and  domestic  science 
education  to  be  paid  to  county  adopting  this  plan.    All  money  that  is  now 
or  may  hereafter  be  appropriated  by  the  general  assembly,  the  state  board  of 
education,  or  other  state  authority  for  agricultural  and  domestic  science  edu- 
cation, a  part  of  which  appropriation  would,  except  for  this  article,  be  appro- 
priated to  the  county  complying  with  the  provisions  of  this  article -absolutely, 
or  upon  a  contingency  or  contingencies,  then  and  in  that  event  such  appropria- 
tion which  would  go  to  said  county  shall  be  turned  over  to  the  county  board 
of  education  of  that  county  to  aid  in  carrying  out  the  provisions  of  this  article. 
Compliance  with  the  provisions  of  this  article  by  the  authorities  of  such  county 
shall  be  sufficient  to  entitle  said  county  to  its  proportion  of  any  appropriation 
of  money  already  made  or  which  may  hereafter  be  made  for  training  in  the 
science  of  agriculture  or  domestic  science.     The  state  superintendent  of  pub- 
lic instruction  shall  issue  a  requisition  on  the  state  auditor  for  the  amount  so 
apportioned  to  said  county,  and  he  shall  issue  his  warrant  to  the  county  treas- 
urer of  the  county,  and  the  money  shall  be  placed  by  the  treasurer  to  the 
credit  of  the  school  or  schools  of  the  county  in  which  the  agricultural  or  do- 
mestic science  work  is  being  conducted.     All  moneys   thus  placed   to   their 
credit  shall  be  used  exclusively  for  the  purpose  of  instruction  in  agriculture 
and  domestic  science. 

1911    (Pub.-Local),  c.  449,  s.  7;  1913,  c.  105,  s.  2. 

5601.  County  appropriations;  limitation.    The  amount  annually  set  aside 
out  of  the  public  school  fund  by  any  county  for  maintenance  of  such  farm- 
life  departments  shall  not  operate  to  increase  the  amount  to  which  the  county 
would  have  been  entitled  from  the  state  public  school  fund,  if  said  public 
school  apportionments  for  farm-life  departments  had  not  been  set  aside.     Such 
apportionments  shall  be  included  in  the  necessary  expenses  for  a  six  months 
school  term  for  which  a  tax  is  required  to  be  levied  under  section  5486. 

1915,  c.  236,  s.  7. 


62  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

ART.  26.     KINDERGARTENS 

5602.  Election  as  to  kindergartens  and  special  tax.     Upon  a  petition  by 
the  board  of  directors  or  trustees  or  school  committee  of  any  school  district, 
endorsed  by  the  county  board  of  education,  the  board  of  county  commissioners, 
after  thirty  days  notice  at  the  courthouse  door  and  three  other  public  places 
in  the  district  named,  shall  order  an  election  to  ascertain  the  will  of  the  peo- 
ple within  said  district  whether  there  shall  be  levied  in  such  a  district  a  special 
annual  tax  of  not  more  than  fifteen  cents  on  the  one  hundred  dollars  worth  of 
property  and  forty-five  cents  on  the  poll  for  the  purpose  of  establishing  kin- 
dergarten departments  in  the  schools  of  said  districts.     The  election  so  or- 
dered shall  be  conducted  under  the  rules  and  regulations  for  holding  special 
tax  elections  in  special   school  districts,   as  provided   in  article  18  of  this 
chapter. 

At  such  election  those  who  are  in  favor  of  the  special  tax  shall  vote  a  ballot 
on  which  shall  be  printed  the  words,  "For  Kindergartens,"  and  those  who 
are  opposed  shall  vote  a  ballot  on  which  shall  be  printed  the  words  "Against 
Kindergartens." 

If  a  majority  of  the  qualified  voters  shall  vote  in  favor  of  the  tax,  then  it 
shall  be  the  duty  of  the  board  of  trustees  or  directiors  of  school  committee  of 
said  district  to  establish  and  provide  for  kindergartens  for  the  education  of 
the  children  in  said  district  of  not  more  than  six  years  of  age,  and  the  county 
commissioners  shall  annually  levy  a  tax  for  the  support  of  said  kindergarten 
departments  not  exceeding  the  amount  specified  in  the  order  of  election.  That 
said  tax  shall  be  collected  as  all  other  taxes  in  the  county  are  collected  and 
shall  be  paid  by  the  sheriff  to  the  treasurer  of  the  said  school  district  to  be 
used  exclusively  for  providing  adequate  quarters  and  for  equipment  and  for 
the  maintenance  of  said  kindergarten  department. 

1915,  c.  234,  ss.  1,  2,  3. 

5603.  Qualifications  of  kindergarten  teachers.     That  no  teacher  or  in- 
structor shall  be  employed  to  teach  in  the  kindergartens  of  the  state  who  has 
not  taken  at  least  a  two  years  course  in  kindergarten  training  in  and  received 
a  diploma  from  a  recognized  normal  training  school  approved  by  the  state 
board  of  examiners;     Provided,  first,  that  in  lieu  thereof  they  may  offer  an 
equivalent  of  training  satisfactory  to  the  state  board  of  examiners:  second, 
that  all  rules  and  regulations  for  examination,  qualification,  and  admission  of 
teachers  and  instructors  in  the  free  public  school  kindergartens  in  this  state 
shall  be  prescribed  and  approved  by  the  state  board  of  examiners;   third, 
that  no  kindergarten  teacher  shall  be  allowed  to  teach  a  kindergarten  de- 
partment larger  than  would  result  from  an  enrollment  of  twenty  pupils. 

1915,  c.  234,  s.  4. 

ART.   27.     CHILDREN   AT   ORPHANAGES 

5604.  Children   in   orphanages   permitted   to   attend   public   schools;   ex- 
penses.    Children  living  in  and  cared  for  and  supported  by  any  institution 
established  or  incorporated  for  the  purpose  of  rearing  and  caring  for  orphan 
children  shall  be  considered  legal  residents  of  said  district  in  which  the  in- 
stitution is  located,  and  a  part  or  all  of  said  orphan  children  shall  be  per- 
mitted to  attend  the  public  school  or  schools  of  said  district,  and  the  extra 
expenses  of  teaching  said  children  for  six  months  in  the  public  school  or 
schools  of  said  district  shall  be  borne  as  follows : 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  63 

Three-fourths  of  the  extra  expense  for  a  term  of  six  months  of  every  year, 
as  a  result  of  the  attendance  of  said  children,  shall  be  paid  out  of  the  state 
public  school  fund  and  one-fourth  out  of  the  county  fund,  unless  otherwise 
provided. 

1919,  c.  301,  s.  1. 

5605.  County  board  to  provide  for  expense  in  budget.    The  county  board 
of  education  is  hereby  authorized  to  provide  in  the  county  school  budget  for 
the  extra  expense  that  may  be  incurred  by  said  school  as  the  result  of  the  at- 
tendance of  said  orphan  children,  and  the  county  superintendent  shall  set 
forth,  in  blanks  prepared  by  the  state  superintendent  of  public  instruction, 
the  number  of  such  children  that  may  attend,  in  what  grades  or  classes  they 
will  be  enrolled,  and  how  many  extra  teachers  will  be  required  as  the  result 
of  the  operation  of  this  article.     The  salaries  of  such  extra  teachers  for  six 
months  shall  be  provided  for  in  the  county  budget  as  provided  in  the  preced- 
ing section. 

1919,  c.  301,  s.  2. 

5606.  After  six  months,  tuition  fees  may  be  charged.    The  board  of  trus- 
tees in  special  tax  or  special  chartered  districts  may  charge  such  tuition  fees 
as  may  be  agreed  upon  between  the  authorities  of  said  institution  and  the 
board  of  trustees  for  the  attendance  of  such  orphan  children  for  the  remainder 
of  the  school  term,  after  the  constitutional  provision  for  six  months  school 
has  been  complied  with. 

1919,  c.  301,  s.  3. 

ART.  28.     INSTRUCTION  OF  ILLITERATES 

5607.  School  for  adult  illiterates ;  appropriation.    The  state  board  of  edu- 
cation is  authorized  to  provide  rules  and  regulations  for  conducting  schools 
to  teach  adult  illiterates,  and  such  schools  when  provided  for  shall  become  a 
part  of  the  public  school  system  of  the  state  and  shall  be  supported  as  is  pro- 
Tided  for  other  public  schools  of  the  state. 

1919,  c.  161,  s.  1. 

5608.  Funds  provided.    The  county  board  of  education  shall,  upon  direc- 
tion from  the  state  superintendent  of  public  instruction,  provide  annually  in 
the  county  school  budget,  unless  otherwise  provided,  a  sum  necessary  to  teach 
the  adult  illiterates  in  accordance  with  such  rules  and  regulations,  and  a  like 
sum  shall  be  appropriated  from  the  state  public  school  fund. 

1919,  c.  161,  s.  2. 

5609.  Expenses  of  organization  and  direction.    The  state  board  of  educa- 
tion is  authorized  to  use  annually  a  sum  not  to  exceed  five  thousand  dollars 
of  the  state  public  school  fund  for  the  organization  and  direction  of  said  work 
of  teaching  illiterates  under  the  direction  of  the  state  superintendent  of  pub- 
lic instruction. 

1919,  c.  161,  s.  3. 

ART.  29.     CONTRACTS  WITH  PRIVATE  SCHOOLS 

5610.  Contract  between  school  committee  and  teacher  of  private  school. 

In  any  school  district  where  there  may  be  a  private  school  regularly  conducted 
for  at  least  six  months  in  the  year,  unless  it  is  a  sectarian  or  denominational 
school,  the  school  committee  may  contract  with  the  teacher  of  such  private 


64  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

school  to  give  instruction  to  all  pupils  between  the  ages  of  six  and  twenty- 
one  years  in  the  branches  of  learning  taught  in  the  public  schools,  as  pre- 
scribed in  this  chapter,  without  charge  and  free  of  tuition. 

Rev.,  s.  4151. 

5611.  Teacher  may  be  paid  out  of  school  funds.    By  agreement  arranged 
between  the  committee  and  the  teacher,  the  school  committee  may  pay  the 
teacher  for  services  out  of  the  public  school  fund  apportioned  to  the  district. 

Rev.,  s.  4151. 

5612.  To  have  certificate  and  to  report.     Every  teacher  of  the  public 
school  branches  in  such  private  school  shall  obtain  a  certificate  from  the  state 
board  of  examiners  covering  the  class  of  work  to  be  done  before  beginning  his 
or  her  work,  and  shall  from  time  to  time  make  such  reports  as  are  required 
of  other  teachers  under  this  chapter. 

Rev.,  s.  4151 ;  1919,  c.  254,  s.  8. 

5613.  County  superintendent  to  employ  and  dismiss.     The  county  super- 
intendent shall  have  the  same  authority  in  respect  to  the  employment  and 
dismissal  of  teachers  under  this  article,  and  in  every  other  respect,  as  is  con- 
ferred in  other  articles. 

Rev.,  s.  4151. 

5614.  Contract  to  designate  minimum  term.     All  contracts  made  under 
this  article  shall  designate  the  minimum  length  of  the  public  school  term, 
which  shall  not  be  less  than  the  average  length  of  the  public  school  term  of 
the  county  of  the  preceding  year. 

Rev.,  s.  4151. 

5615.  Limit  on  amount  paid  school  under  contract.    The  amount  paid  such 
private  school  for  each  pupil  in  the  public  school   branches,  based  on  the 
average  daily  attendance,  shall  not  exceed  the  regular  tuition  rates  in  such 
school  for  such  branches  of  study. 

Rev.,  s.  4151. 

5616.  Aided  schools  to  be  public  schools.    Every  school  to  which  aid  shall 
be  given  under  this  article  shall  be  a  public  school,  to  which  all  children  living 
within  the  district,  between  the  ages  of  six  and  twenty-one  years,  shall  be  ad- 
mitted free  of  charge  for  tuition. 

Rev.,  s.  4151. 

5617.  Tuition  for  higher  instruction;  adult  pay  students.    In  case  of  con- 
tract with  the  teacher  of  a  private  school,  under  this  article,  tuition  may  be 
charged  for  instruction  in  higher  branches  not  mentioned  hi  the  section  of 
this  chapter  specifying  the  branches  to  be  taught  in  all  public  schools,  if  the 
apportionment  of  funds  for  the  public  schools  of  the  district  would,  in  the 
opinion  of  the  county  board  of  education,  be  insufficient,  to  provide  instruction 
in  these  higher  branches  of  study  if  the  public  school  were  taught  separately. 
The  committee  may  admit  pay  students  over  twenty-one  years  of  age. 

Rev.,  s.  4151. 

ART.  30.     RURAL  LIBRARIES 

5618.  How  established.    When  the  patrons  and  friends  of  any  free  public 
school  in  which  a  library  has  not  already  been  established  by  aid  of  the  state 
shall  raise  by  private  subscription  and  tender  to  the  treasurer  of  the  county 
school  fund  for  the  establishment  of  a  library  to  be  connected  with  the  school 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  65 

the  sum  of  ten  dollars,  the  county  board  of  education  shall  appropriate  from 
the  general  county  school  fund  the  sum  of  ten  dollars  for  this  purpose.  After 
any  school  district  shall  have  had  a  library  for  ten  years  or  longer  under  the 
provisions  of  this  section,  said  school  district  shall  be  entitled  to  receive-a 
second  library  in  accordance  with  the  foregoing  provisions  of  this  section. 

Rev.,  s.  4172;  1901,  c.  662,  s.  6;  1903,  c.  226,  s.  1;  1905,  c.  381;  1915,  c.  236,  s.  1  (d). 

5619.  Management.    The  county  board  of  education  shall  appoint  one  in- 
telligent person  in  the  school  district  the  manager  of  the  library,  and  shall 
also  appoint  one  competent  person,  well  versed  in  books,  to  select  books  for 
such  libraries  as  may  be  established  under  these  provisions  from  lists   of 
books  approved  by  the  state  superintendent  of  public  instruction. 

Rev.,  s.  4172;  1901,  c.  662,  s.  6;  1903,  c.  226,  s.  1;  1905,  c.  381. 

5620.  Donation  by  state  board.    As  soon  as  the  county  board  shall  have 
made  an  appropriation  for  a  library  in  the  manner  prescribed,  the  county 
superintendent  shall  inform  the  secretary  of  the  state  board  of  education  of 
the  fact,  whereupon  the  state  board  shall  remit  to  the  treasurer  of  the  county 
school  fund  the  sum  of  ten  dollars  additional  for  the  purchase  of  books. 

Rev.,  s.  4173;  1901,  c.  662,  s.  7;  1903,  c.  226,  s.  2;  1905,  c.  381,  s.  2. 

5621.  Books  and  bookcases.    Within  thirty  days  after  the  payment  of  the 
money  to  the  treasurer  of  the  county  school  fund,  the  person  appointed  to  se- 
lect the  books  shall  submit  the  list  of  books  to  be  purchased  and  prices  of 
same  to  such  treasurer,  who  shall  order  the  books  at  once.     The  treasurer 
shall  receive  no  compensation  except  his  regular  commission.     The  county 
board  shall  furnish,  at  the  expense  of  the  general  county  school  fund,  a  neat 
bookcase,  with  lock  and  key,  to  each  library,  upon  application  of  the  county 
superintendent. 

Rev.,  s.  4174;  1901,  c.  662,  s.  8;  1903,  c.  226,  s.  3;  1905,  c.  381,  s.  3. 

5622.  Rules  by  state  superintendent.    The  local  manager  of  every  library 
shall  carry  out  such  rules  and  regulations  for  the  proper  use  and  preserva- 
tion of  the  books  as  may  be  established  by  the  state  superintendent  of  public 
instruction,  and  shall,  on  or  before  June  thirtieth  of  each  year,  make  to  the 
state  superintendent  such  reports  as  he  shall  require. 

Re\.,  3.  4175;  1901,  c.  662,  s.  9;  1903,  c.  226,  s.  4;  1905,  c.  381,  s.  4. 

5623.  Exchange  of  libraries.    The  local  managers  of  two  or  more  libraries 
may,  by  agreement,  exchange  libraries ;  but  no  exchange  shall  be  made  oftener 
than  once  in  six  months,  and  no  part  of  the  expense  of  exchanging  libraries 
shall  be  paid  out  of  the  public  funds. 

Rev.,  s.  4176;  1901,  c.  662,  s.  10;  1903,  c.  226,  a.  5;  1905,  c.  381,  a.  6. 

5624.  Enlargement  of  libraries.     When  the  patrons  and  friends  of  any 
free  public  school  in  which  a  library  has  been  established  under  the  provisions 
of  this  article  shall  raise  by  private  subscription  and  tender  to  the  treasurer 
of  the  county  school  fund  the  sum  of  five  dollars  for  the  enlargement  of  the 
library,  the  county  board  of  education   shall  appropriate  from  the  general 
school  fund  the  sum  of  five  dollars,  and  the  state  board  of  education  shall 
remit  to  the  treasurer  of  the  county  school  fund  the  sum  of  five  dollars.     The 
money  thus  collected  and  appropriated  shall  be  used  for  the  enlargement  of 
libraries  already  established  under  the  same  rules  and  restrictions  as  govern 
the  establishment  of  new  libraries. 

Rev.,  s.  4177;  1903,  c.  226,  s.  6;  1905,  c.  381,  s.  6;  1907,  c.  835,  s.  1  (k) 
5 


66  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5625.  Limitation  on  number  of  libraries.  Not  more  than  six  new  libraries, 
in  addition  to  those  already  established,  shall  be  established  biennially  in  any 
county  under  the  provisions  of  the  preceding  sections,  and  not  more  than  six 
libraries  already  established  in  any  county  shall  be  entitled  biennially  to  the 
benefits  provided  for  the  enlargement  of  libraries. 

Rev.,  s.  4178 ;  1901,  c.  662,  s.  12  ;  1903,  c.  226,  s.  8  ;  1905,  c.  381,  ss.  8,  9. 

5626.  New    libraries    established    regardless    of    previous,  number    with 
funds  previously  appropriated.    After  November  thirtieth,  nineteen  hundred 
and  six,  and  after  November  of  every  second  year  thereafter,  if  any  of  the 
aforesaid  biennial  appropriation  for  the  years  ending  on  such  date  shall  still 
be  in  the  hands  of  the  state  treasurer,  any  free  public  school  which  shall  ful- 
fill the  conditions  set  forth  in  the  preceding  sections  of  this  article  shall  be  en- 
titled to  receive  the  benefits  of  this  article,  regardless  of  the  number  of  libra- 
ries already  established  in  the  county  in  which  the  school  is  located,  until 
the  aforesaid  balance  of  each  biennial  appropriation  available  for  the  pur- 
pose is  exhausted. 

Rev.,  a.  4178;  1901,  c.  662,  s.  12;  1903,  c.  226,  s.  8;  1905,  c.  381,  ss.  8,  9. 

5627.  General   appropriations   of   additional   state   funds.     The   sum   of 

seven  thousand  five  hundred  dollars  of  the  appropriation  for  the  public 
schools  of  the  state  is  hereby  biennially  appropriated  and  set  apart  to  be  ex- 
pended by  the  state  board  of  education  under  the  provisions  of  this  article. 
Of  each  biennial  appropriation  a  sum  not  exceeding  five  thousand  dollars  may 
be  expended  by  the  state  board  of  education  in  the  establishment  of  new  libra- 
ries and  a  sum  not  exceeding  two  thousand  five  hundred  dollars  may  be  ex- 
pended by  the  state  board  in  the  enlargement  of  libraries  according  to  the 
provisions  of  this  article.  Any  balance  of  the  biennial  appropriation  of  two 
thousand  five  hundred  dollars  for  the  enlargement  of  libraries  remaining  in 
the  hands  of  the  state  treasurer  at  the  end  of  each  biennial  period  shall  be 
used  for  the  establishment  of  new  libraries  in  accordance  with  the  provisions 
of  this  article. 

Rev.,  s.  4179 ;  1901,  c.  662,  a.  11 ;  1903,  c.  226,  a.  1 ;  1905,  c.  381,  a.  1 ;  1909,  c.  525,  a.  7. 

5628.  Exclusion  of  cities  and  towns  from  benefits  of  article.     No  school 
district  in  any  incorporated  town  with  a  population  exceeding  one  thousand 
persons  shall  receive  any  moneys  under  the  provisions  of  this  article. 

Rev.,  s.  4178;  1905,  c.  381,  s.  9. 

ART.  31.     SCHOOL  EXTENSON  WORK 

5629.  Moving  pictures  for  rural  communities;  cost.    It  shall  be  the  duty 
of  the  state  superintendent  of  public  instruction  to  provide  for  a  series  of 
rural  entertainments,  varying  in  number  and  cost  and  consisting  of  moving 
pictures  selected  for  their  entertaining  and  educational  value,  which  enter- 
tainments may  be  given  in  the  rural  schoolhouses  of  the  state  as  herein  pro- 
vided.   The  cost  of  such  entertainment  shall  be  borne  one-third  by  the  state 
and   two-thirds  by  the  board  of  education  or   the  rural   school   community 
desiring  said  entertainment. 

1917,  c.  186,  ss.  1,  2. 

5630.  State  superintendent  to  supply  information  and  provide  for  enter- 
tainments; community  deposit.     It  shall  be  the  duty  of  the  state  superin- 
tendent of  public  instruction  to  inform  the  various  county  boards  of  education 


PUBLIC  SCHOOL  LAW  OF  NOBTH  CAROLINA  67 

of  the  number,  character,  and  cost  of  the  entertainments  provided  by  him  un- 
der the  provisions  of  this  article;  and  upon  application  of  any  county  board 
of  education,  agreeing  to  pay  two-thirds  of  the  cost  of  any  such  entertain- 
ments, it  shall  be  the  duty  of  the  state  superintendent  of  public  instruction  -to 
provide  for  the  giving  of  such  entertainments  in  the  rural  schoolhouse  or 
houses  designated  in  the  application.  Any  rural  school  community  shall  be 
entitled  to  the  benefits  of  this  article  by  depositing  with  its  county  board  of 
education  two-thirds  of  the  cost  of  entertainments  desired,  and  in  all  cases 
it  shall  be  the  duty  of  the  county  board  of  education  receiving  such  deposits 
to  make  immediate  application  to  the  state  superintendent  of  public  instruc- 
tion as  herein  provided. 

1917,  c.  186,  s.  3. 

5631.  Health  and  agricultural  authorities  to  cooperate.    The  state  board 
of  health  and  the  commissioner  of  agriculture  are  hereby  authorized  and  di- 
rected to  cooperate  with  the  state  superintendent  of  public  instruction  in  ar- 
ranging for  the  entertainments  provided  for  by  this  article  to  the  end  that 
the  entertainment  may,  if  it  is  deemed  advisable,  include  the  subjects  of  pub- 
lic health  and  agriculture. 

1917,  c.  186,  s.  4. 

5632.  Appropriation.    In  order  to  carry  out  the  provisions  of  this  article 
the  sum  of  twenty-five  thousand  dollars  per  annum  is  hereby  appropriated 
out  of  the  general  funds  of  the  state  not  otherwise  appropriated,  to  be  ex- 
pended by  the  state  board  of  education  under  the  direction  and  supervision  of 
the  state  superintendent  of  public  instruction. 

1917,  c.  186,  s.  5. 

SUBCHAPTER  Y.   TEACHEES,  TRAINING,  CERTIFICATION, 
EMPLOYMENT,  DUTIES,  AND  SALARIES 

ART.   32.     STATE  BOARD  OF  EXAMINERS   AND   INSTITUTE 
CONDUCTORS 

5633.  Board  constituted;  membership;  terms;  vacancies.    There  shall  be 
and  is  hereby  constituted  a  state  board  of  examiners  and  institute  conductors, 
which  shall  consist  of  six  members — three  men  and  three  women — of  recog- 
nized ability,  character,  professional  training,  and  successful  experience  in 
teaching  or  in  supervising  schools,  to  be  designated  as  institute  conductors. 
They  shall  be  appointed  by  the  governor,  three  for  a  term  of  two  years,  three 
for  a  term  of  four  years,  and  their  successors  for  a  term  of  four  years.     All 
vacancies  occurring  in  the  membership  of  the  board  by  death  or  resignation 
or  otherwise  shall  be  filled  in  the  same  manner  for  the  unexpired  term. 

1917,  c.  146,  s.  1. 

5634.  Chairman  and  secretary  ex  officio.     The  state  superintendent  of 
public  instruction  shall  be  ex  officio  chairman  of  the  board,  and  the  state 
for  the  colored  race  and  for  the  Cherokee  Indians  shall  be  ex  officio  secretary, 
supervisor  of  teacher-training  and  superintendent  of  the  state  normal  schools. 

1917,  c.  146,  s.  1. 

NOTE. — See  art.  21  above  and  Salaries  and  Fees,  sec.  21,  note. 

5635.  Salaries  of  members.    The  salary  of  each  institute  conductor  shall 
be  fixed  by  the  state  board  of  education,  upon  the  recommendation  of  the  ex- 


68  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

ecutive  committee  of  the  North  Carolina  teachers'  assembly,  at  a  sum  not  to 
exceed  three  thousand  dollars  per  year,  exclusive  of  expenses. 

1917,  c.  146,  s.  1  ;  1919,  c.  247,  s.  5. 

5636.  Removal  of  members;  appeal.    For  immoral  conduct,  incompetency, 
failure  to  perform  duty,  or  other  good  and  sufficient  cause,  the  state  board  of 
education  may  remove  from  office  any  member  of  said  board  of  examiners  and 
institute   conductors,   after   due   notice   in   writing   to   said   member   of   the 
charges,  who  shall  be  given  at  least  five  days  to  appear  and  answer  and  offer 
evidence,  and  who  shall  have  the  right  of  appeal  from  the  action  of  the  state 
board  of  education  to  the  courts  of  the  state. 

1917,  c.  146,  s.  1. 

5637.  Supervision  of  teacher-training.    In  cooperation  with  the  supervisor 
of  teacher-training  and  superintendent  of  the  state  normal  schools  for  the 
colored  race  and  for  the  Cherokee  Indians,  the  board  of  examiners  and  in- 
stitute conductors  shall  plan,  direct,  and  supervise  the  work  of  those  schools, 
and  shall  have  general  direction  and  supervision  of  the  work  of  all  teachers' 
associations  and  reading  circles  and  of  such  other  work  as  may  be  deemed 
necessary  for  professional  training  and  home  study  for  teachers. 

1917,  c.  146,  s.  7. 

5638.  County  teachers'  institutes.    The  board  of  examiners  and  institute 
conductors  shall  plan,  direct,  and  the  six  members  of  the  board  designated 
above  as  institute  conductors   shall   conduct,   biennially  in   each   county   in 
North  Carolina,  a  county  teachers'  institute  for  not  less  than  two  weeks  for 
the  public  school  teachers  of  that  county,  at  such  time  and  place  therein  as 
may  be  designated  by  the  board,  having  due  regard  in  fixing  the  time  and  place 
to  the  convenience  of  the  teachers  and  the  recommendations  of  the  county 
board  of  education  and  county  superintendent. 

1917,  c.  146,  a.  8. 

5639.  Substitute  for  two  weeks  institute  authorized.    The  state  board  of 
examiners  and  institute  conductors  is  authorized  to  provide  in  lieu  of  the  two 
weeks  county  institute,  teacher-training  courses  in  public  high  schools,  county 
summer  schools  for  teachers,  or  such  other  means  for  increasing  the  efficiency 
of  the  teachers  in  the  schools  of  the  state,  and  to  make  all  needful  rules  and 
regulations  governing  the  same:     Provided,  that  not  more  than  one-half  of 
the  cost  of  maintaining  the  same  shall  be  paid  out  of  the  state  public  school 
fund. 

1919,  c.  102,  s.  12. 

5640.  Attendance  of  teachers  required;  penalty  for  failure.     All  public 
school  teachers  of  the  state,  urban  and  rural,  including  all  public  high  school 
teachers,   principals,   supervisors,   and   superintendents,   are  hereby   required 
to  attend  biennially  some  county  institute  continuously  for  two  weeks   or 
some  summer  school  for  teachers  accredited  by  said  board,  continuously  for 
one  entire  term  of  such  summer  schools,  unless  excused  from  attendance  by 
said  board  for  sickness  evidenced  by  the  certificate  of  a  physician,  or  for 
other  cause  adjudged  by  the  board  to  be  providential.     Failure  to  attend  such 
institute  or  accredited  summer  school,   unless   so  excused,   shall  debar  any 
person  so  failing  from  teaching  or   supervising  in  any  public  school,   high 
school,  urban  or  rural,  until  such  person  shall  have  attended  some  county 
institute  or  summer  school  as  herein  required ;  and  the  board  is  authorized 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  69 

to  cancel  the  certificate  of  any  person  failing  to  comply  with  the  provisions 
of  this  section. 

1917,  c.  146,  s.  8. 

5641.  Separate  and  joint  institutes ;  negro  assistants.    The  board  of  ^x-~ 
aminers  and  institute  conductors  shall  provide  for  separate  county  institutes 
for  the  teachers  of  each  race,  and  is  further  authorized  to  provide  for  joint 
county  institutes  for  two  or  more  counties  for  the  teachers  of  either  race,  and 
to  provide  for  holding  the  county  institute  of  any  county  in  which  an  accred- 
ited summer  school  is  conducted  in  conjunction  with  said  summer   school. 
The  board  is  hereby  authorized  to  employ  competent  negro  teachers  to  assist 
in  conducting  the  county  institutes  for  negro  teachers  and  to  fix  their  com- 
pensation, which  shall  be  paid  out  of  the  funds  provided  in  this  article. 

1917,  c.  146,  ss.  8,  11. 

5642.  Schedule  of  institutes.    The  schedule  of  institutes  shall  be  arranged 
annually  so  as  not  to  interrupt  the  regular  session  of  the  public  schools,  rural 
or  urban,  in  any  county,  except  with  the  consent  of  the  county  board  of  edu- 
cation or  the  trustees  of  urban  schools  operated  under  special  charters. 

1917,  c.  146,  s.  8. 

5643.  Examinations,  accrediting,  and  certificates.     The  board  of  exam- 
iners and  institute  conductors  shall  have  entire  control  of  examining,  accred- 
iting without  examination,  and  certificating  all  applicants  for  the  position  of 
teacher,   principal,   supervisor,   superintendent,   and   assistant   superintendent 
in  all  public  elementary  and  secondary  schools  of  North  Carolina,  urban  and 
rural.     The  board  shall   prescribe  rules  and  regulations  for  examining,  ac- 
crediting without  examination,  and  certificating  all  such  applicants  for  the 
renewal  and  extension  of  certificates  and  for  the  issuance  of  life  certificates. 

1917,  c.  146,  s.  2. 

5644.  Certificate  prerequisite  to  employment.     No  person  shall  be  em- 
ployed or  serve  in  the  public  schools  as  teacher,  principal,  supervisor,  superin- 
tendent, or  assistant  superintendent  who  shall  not  be  certificated  for  such 
position  by  the  board  of  examiners  and  institute  conductors  in  accordance 
with  the  law. 

1917,  c.  146,  s.  2. 

5645.  Teacher  must  be  eighteen.    No  certificate  to  teach  shall  be  issued 
to  any  person  under  eighteen  years  of  age. 

Rev.,  s.  4163. 

5646.  Second  and  third  grade  certificates.     The  examination  and  certifi- 
cation of  all  applicants  for  second  and  third  grade  certificates  shall  be  under 
the  control  of  the  county  superintendent  of  each  county  or  of  the  town  or 
city  superintendent  of  each  town  or  city  system  operated  under  any  special 
acts  or  charter. 

1917,  c.  146,  s.  2. 

5647.  Approval  of  certificates;  refusal  of  approval;  appeal  and  review. 

No  certificate  issued  by  the  board  shall  be  valid  until  approved  and  signed  by 
the  county  superintendent  of  the  county  or  the  city  superintendent  of  the  city 
in  which  the  examination  of  the  holder  of  said  certificate  was  held,  or  in  the 
schools  of  which  the  holder  of  said  certificate,  if  issued  without  examination, 
applies  to  teach.  Any  certificate  when  so  approved  by  said  county  or  city 
superintendent  shall  be  of  state-wide  validity,  and  in  case  such  county  or  city 


70  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

superintendent  shall  refuse  to  approve  and  sign  any  such  certificate,  he  shall 
notify  the  secretary  of  the  state  board  of  examiners  and  institute  conductors 
and  state  in  writing  the  reasons  for  such  refusal.  The  said  board  of  exam- 
iners and  institute  conductors  shall  have  the  .right,  upon  appeal  by  the  holder 
of  said  certificate,  to  review  and  investigate  and  finally  determine  the  matter. 

1917,  c.  146,  s.  2. 

5648.  Certificates  heretofore  granted;  renewals.     All  state  high  school 
certificates,   five-year    state   elementary    school    certificates,    and   first   grade 
county  certificates  in  force  on  March  fifth,  nineteen  hundred  and  seventeen, 
shall  continue  in  force  until  the  date  of  their  expiration  as  stated  in  each  cer- 
tificate, after  which  the  present  holders  of  such  certificates  shall  be  subject 
to  such  rules  and  regulations  as  the  state  board  of  examiners  and  institute 
conductors  may  adopt  in  regard  to  the  issuance  or  renewal,  with  or  without 
examination,  of  certificates  of  the  same  class. 

1917,  c.  146,  s.  3. 

5649.  Temporary    and    permanent    certificates    to    superintendents    and 
assistants.    The  board  of  examiners  and  institute  conductors  shall  issue  to 
all  city  superintendents,  to  all  county  superintendents,  and  to  all  assistant 
superintendents  in  service  on  March  fifth,  nineteen  hundred  and  seventeen, 
temporary  superintendents'  or  assistant  superintendents'  certificates  without 
examination,  and  prescribe  rules  and  regulations  for  the  renewal  and  exten- 
sion of  the  same.     In  cases  of  undoubted  fitness,  competency,  and  progressive 
efficiency,  evidence  of  which  shall  be  submitted  in  writing  to  said  board,  it 
shall  issue  to  all  such  superintendents  and  assistant  superintendents  a  perma- 
nent certificate  without  examination,  under  such  rules  and  regulations  as  it 
may  adopt. 

1917,  c.  146,  8.  '6. 

5650.  Teachers  to  be  listed  July  1,  1917;  may  be  certified.     On  or  before 
July  first,  nineteen  hundred  and  seventeen,  the  superintendent  or  other  super- 
vising officer  of  every  city,  town,  or  other  specially  chartered  school  that  now 
has  power  and  authority  to  elect  teachers  without  a  county  or  state  certificate 
shall  file  with  the  state  board  of  examiners  and  institute  conductors  a  com- 
plete list  of  the  names  of  all  teachers,  principals,  and  supervisors  in  service 
in  the  school  or  schools  under  his  supervision  during  the  school  year  ending 
June   thirtieth,   nineteen  hundred   and   seventeen,   together   with   a   certified 
statement  from  them  and  from  said  superintendent  or  supervising  officer  of 
the  qualifications,  preparation,  professional  training,  and  teaching  experience 
of  each,  and  the  recommendation  of  said  superintendent  or  supervising  officer 
as  to  the  grade  of  certificate  to  which  each  is  entitled.     Whereupon  the  state 
board  of  examiners  and  institute  conductors  may  authorize  and  cause  to  be 
issued  to  such  teachers,  principals,  and  supervisors,  without  examination,  a 
permanent   certificate  of  the  grade   recommended,   subject,   however,   to   the 
rules  and  regulations  of  said  board  for  keeping  permanent  certificates  in  force. 

1917,  c.  146,  s.  3. 

5651.  Questions  for  examination;  lists  printed  and  distributed.    The  state 
board  of  examiners  and  institute  conductors  shall  prepare  questions  for  the 
examinations  authorized  under  this  article,  and  the  state  superintendent  of 
public  instruction  shall  cause  lists  of  the  questions  so  prepared  to  be  printed, 
and  shall,  before  the  date  of  such  examination,  send  in  sealed  packages,  not 
to  be  opened  until  the  day  of  the  examination,  to  each  superintendent  or  other 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  71 

person  appointed  to  conduct  said  examinations  in  the  various  counties  or 
cities  of  the  state,  a  sufficient  number  of  such  lists. 

1917,  c.  146,  s.  4. 

5652.  Dates  for  examinations;  special  examinations.     The  second  Tues- 
day in  April,  July,  and  October  of  each  year  is  hereby  designated  for  said  ex- 
aminations, which  may  be  continued  from  day  to  day  for  three  successive 
days,  under  such  rules  and  regulations  as  said  board  may  adopt ;  but  no  exami- 
nation shall  commence  on  any  other  day  than  the  first  day  of  each  period 
mentioned  in  this  section,  and  no  examination  shall  be  held  at  any  other  time. 
The  board  may  in  its  discretion  provide  for  special  examinations  to  be  con- 
ducted by  such  persons  as  it  may  appoint. 

1917,  c.  146,  s.  4. 

5653.  Conduct  of  examinations;  transmission  of  papers.     The  examina- 
tions shall  be  conducted  by  the  county  superintendent  of  each  county  for  all 
applicants  in  his  county,  and  in  cities  and  towns  of  two  thousand  or  more 
inhabitants  the  examinations  for  applicants  for  positions  in  the  schools  under 
their  supervision  may  be  conducted  by  the  licensed  superintendents  of  the 
schools  in  such  cities  and  towns.     All  examinations  of  applicants  for  super- 
tendents'  certificates  shall  be  conducted  by  the  state  board  of  examiners  and 
institute  conductors  under  such  rules  and  regulations  as  it  may  adopt  there- 
for.    All  examination  papers  shall  be  promptly  transmitted  to  the  secretary 
of  the  state  board  of  examiners  and  institute  conductors. 

1917,  c.  146,  s.  4. 

5654.  Temporary   local  certificates.     Upon   the  recommendation   of  the 
superintendent  concerned,  said  board  may  grant  a  temporary  certificate  or 
permit,  valid  in  the  county  or  city  designated,  to  any  teacher  who,  at  the 
time  of  the  last  preceding  examination,  was  not  in  the  state,  or  who  at  such 
time  was  prevented  by  illness  from  taking  the  examination,  as  evidenced  by 
the  certificate  of  a  physician.     Such  temporary  certificate  or  permit,  however, 
shall  be  valid  only  from  the  date  of  issuance  to  the  date  on  which  the  state 
board  of  examiners  and  institute  conductors  shall  make  their  report  upon 
applicants  at  the  next  meeting  succeeding  regular  examination,  and  no  such 
temporary  certificate  or  permit  shall  be  renewed. 

1917,  c.  146,  s.  4. 

5655.  Assistants  to  board;  stenographer;  printing.    The  board  may,  with 
the  approval  of  the  state  board  of  education  when  adjudged  by  it  absolutely 
necessary,  employ  competent  persons  to  assist  in  the  reading  and  grading  of 
examination  papers,  and  shall  fix  the  compensation  of  such  persons  not  to 
exceed  five  dollars  a  day  for  the  time  employed,  to  be  paid  upon  the  requisi- 
tion of  the  chairman  of  the  board  out  of  the  funds  provided  under  this  article. 
The  board  is  authorized  to  employ  a  stenographer  at  such  compensation  as 
it  may  fix,  and  to  have  done  as  public  printing  by  the  state  printer  all  printing 
necessary  for  its  work. 

1917,  c.  146,  s.  5. 

5656.  Employment  of  persons  without  certificate   unlawful;  appropria- 
tion withheld;  salaries  not  paid.     After  July  first,  nineteen  hundred  and 
seventeen,  it  shall  be  unlawful  for  any  board  of  trustees  or  school  committee 
of  any  public  school  that  receives  any  public  school  money  from  county  or  state 
to  employ  or  keep  in  service  any  teacher,   superintendent,  principal,   super- 
visor, or  assistant  superintendent  that  does  not  hold  a  certificate  in  compli- 


72  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

ance  with  the  provisions  of  the  law.  Upon  notification  by  the  state  board  of 
examiners  and  institute  conductors  to  the  state  board  of  education  or  to  the 
county  board  of  education  that  any  school  committee  or  board  of  trustees  is 
employing  or  keeping  in  service  a  teacher,  supervisor,  principal,  superinten- 
dent, or  assistant  superintendent  in  violation  of  the  provisions  of  this  sec- 
tion, the  state  board  of  education  shall  withhold  from  such  county  any  and  all 
appropriations  from  the  state  treasury  for  such  school,  and  said  county 
board  of  education  shall  withhold  from  said  school  any  and  all  appropria- 
tions from  the  county  school  fund  until  compliance  with  the  law. 

The  county,  town,  or  city  superintendent  or  other  official  is  forbidden  to  ap- 
prove any  voucher  for  salary  for  any  person  employed  in  violation  of  the  pro- 
visions of  this  section,  and  the  treasurer  of  the  county,  town,  or  city  schools  is 
hereby  forbidden  to  pay  out  of  the  school  fund  the  salary  of  any  such  person : 
Provided,  that  nothing  herein  shall  prevent  the  employment  of  temporary 
substitute  or  emergency  teachers  under  such  rules  as  the  state  board  of  ex- 
aminers an  institute  conductors  may  prescribe. 

1917,  c.  146,  s.  6. 

5657.  Classes  of  first-grade  certificates.     There  shall  be  the  following 
classes  of  first  grade  certificates:     (1)   Superintendents'  and  assistant  super- 
intendents';   (2)    High   school   principals';    (3)    High   school   teachers';    (4) 
Elementary  school  teachers';   (5)   Elementary  supervisors';  and   (6)   Special. 
The  state  board  of  examiners  and  institute  conductors  may  subdivide  and 
shall  define  in  detail  the  different  classes  of  first  grade  certificates,  determine 
the  time  of  their  duration  and  validity,  prescribe  the  standards  of  scholar- 
ship for  same,  and  the  rules  and  regulations  for  the  examination  for  them 
and  for  their  issuance,  and  their  renewal  or  extension. 

1917,  c.   146,  s.  9. 

5658.  Misdemeanor  to  tamper  with  examination  questions.     Any  person 
who  purloins,  steals,  buys,  receives,  or  sells,  gives,  or  offers  to  buy,  give,  or 
sell  any  examination  questions  or  copies  thereof  of  any  examination  provided 
and  prepared  by  law  before  the  date  of  the  examination  for  which  they  shall 
have  been  prepared,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  or  imprisoned,  or  both,  in  the  discretion  of  the  court. 

1917,  c.  146,  s.   10. 

ART.  33.  TEACHERS'  HEALTH  CERTIFICATE 

5659.  Health  certificate  required  for  teachers.     Any  person  teaching  in 
the  public  schools  of  the  state,  or  occupying  the  position  of  superintendent  of 
public  instruction  in  any  county  in  the  state,  after  the  first  day  of  October, 
one  thousand  nine  hundred  and  nineteen,  shall  secure  each  year  before  as- 
suming his  or  her  duties  a  certificate  from  the  county  physician,  or  other 
reputable  physician  of  the  county,  certifying  that  the  said  person  has  not  an 
open  or  active  infectious  state  of  tuberculosis,  or  any  other  contagious  disease. 

The  physician  shall  make  the  aforesaid  certification  on  a  form  supplied  by 
the  North  Carolina  state  board  of  health,  and  without  charge  to  the  teacher 
applying  for  the  certification. 

1919,  c.  177,  ss.  1,  2. 

5660.  Violation  of  article  a  misdemeanor.     Any  person  violating  any  of 
the  provisions  of  this  article  shall  be  guilty  of  a  misdemeanor  and  subject 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  73 

to  a  fine  of  not  more  than  fifty  dollars  nor  more  than  thirty  days  imprison- 
ment. 

1919,  c.   177,  s.   3. 

ART.  34.     EMPLOYMENT  OF  TEACHERS 

5661.  School  committee  employs  and  dismisses;  hearing  before  dismissal. 

The  school  committee  shall  have  authority  to  employ  and  dismiss  teachers, 
but  no  teacher  shall  be  dismissed  until  charges  shall  have  been  filed  in  writ- 
ing with  the  county  superintendent,  and  after  a  hearing  shall  have  been  had 
before  the  committee  of  the  district  in  which  the  teacher  is  teaching,  after 
two  days  notice  to  the  teacher. 

Rev.,  s.  4161;  1907,  c.  835,  s.  1  (h). 

5662.  Committee  meeting  before  employment.    The  committee  shall  meet 
at  convenient  times  and  places  for  the  employment  of  teachers  for  the  public 
schools  and  no  teacher  shall  be  employed  by  any  committee  except  at  regu- 
larly called  meeting  of  such  committee,  due  notice  of  such  meeting  having  been 
given  at  three  public  places  by  the  committee.     The  county  board  of  educa- 
tion shall  fix  annually  a  day  and  place  in  each  township  for  the  meeting  of 
the  township  or  district  committeemen  of  said  townships.     The  committee- 
men,  thereupon,  in  conference  with  the  county  superintendent,  with  whom 
applications   must  have  been   previously  filed   by   all   applicants,   select   the 
teachers  for  their  respective  schools. 

Rev.,  4161  ;  1913,   c.   149,  s.   1  (f )  ;  1919,  c.  254,  s.   18. 

5663.  Ineligibility  of  members  of  committee.     No  person  while  serving 
as  a  member  of  any  township  or  district  committee  or  county  board  of  edu- 
cation shall  be  eligible  to  be  elected  as  a  teacher  of  any  school,  and  should 
such  person  be  elected  said  election  is  hereby  declared  null  and  void. 

1919,  c.   254,  s.   7. 

5664.  County    superintendent    must    approve    election    and    sign    salary 
vouchers.    No  election  of  any  teacher  or  assistant  teacher  shall  be  deemed 
valid  until  such  election  has  been  approved  by  the  county   superintendent. 
The  county  superintendent  must  sign  all  vouchers  for  teachers'  salaries.     No 
voucher  for  the  salary  of  a  teacher  of  any  school  shall  be  signed  by  any 
county  superintendent  unless  a  copy  of  such  teacher's  contract  has  been  filed 
with  him  as  herein  provided,  and  unless  he  shall  have  received  satisfactory 
evidence  that  such  teacher  has  been  elected  in  strict  accordance  with  the  law. 

Rev.,  s.   4161;   1913,  c.  149,  s.  1  (f). 

5665.  Limitation  on  period  and  amount  of  teacher's  contract.     No  con- 
tract for  teachers'  salaries  shall  be  made  during  any  year  to  extend  beyond  the 
term  of  office  of  the  committee,  nor  for  more  money  than  accrues  to  the  credit 
of  the  district  for  the  fiscal  year  during  which  the  contract  is  made. 

Rev.,  s.  4161. 

ART.    35.     DUTIES    OF    TEACHERS 

5666.  To  maintain  order  and  encourage  virtue;  to  dismiss  pupils.    It  shall 
be  the  duty  of  all  teachers  of  free  public  schools  to  maintain  good  order  and 
discipline  in  their  respective  schools ;   to  encourage  morality,  industry,  and 
neatness  in  all  of  their  pupils,  and  to  teach  thoroughly  all  branches  which 
they  are  required  to  teach.     Pupils  who  wilfully  and  persistently  violate  the 


74  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

rules  of  the  school  and  any  of  immoral  life  and  character  shall  be  dismissed 
by  the  teacher. 

Rev.,  s.  4166;  1901,  c.  4,  s.  63. 

5667.  Records  and  reports  of  teachers.     1.  Every  teacher  or  principal  of 
a  school  to  which  aid  is  given  under  this  chapter  shall  keep  such  record  and 
classification  of  pupils  as  shall  be  prescribed  by  the  state  superintendent  of 
public  instruction  or  the  county  board  of  education. 

2.  At  the  end  of  every  term  of  a  public  school  the  teacher  or  principal  of 
the  school  shall  exhibit  to  the  school  committee  a  statement  of  the  number 
of  pupils,   male  and  female,   the  average  daily  attendance,  the  number  of 
pupils  completing  the  elementary  grades,  the  length  of  term  and  the  time 
taught.     But  monthly,  and,  if  required  by  the  county  snuperintendent,  weekly, 
statements  and  reports  shall  be  made  by  the  teacher  to  the  committee  and 
to  the  county  superintendent. 

3.  At  the  end  of  every  term,  and  when  requested  at  other  times,  every 
teacher  or  principal  shall  report  to  the  county  superintendent  in  such  form 
and  manner  and  on  such  blanks  as  shall  be  furnished  by  the  county  superin- 
tendent or   state  superintendent.     The  report  shall  contain  a   statement  as 
to  the  length  of  term  of  the  school,  the  race  for  which  it  was  taught,  the 
number,  the  sex,  and  average  daily  attendance  of  the  pupils,  and  the  num- 
ber of  the  district  in  which  the  school  is  taught;  the  number  of  children  on 
census  blank  not  attending  any  school,  number  of  children  under  seventeen 
years  of  age  not  attending  any  school,  stating  some  causes  why  they  did  not 
attend;  how  many  families  having  children  of  school  age  who  did  not  send 
any  of  their  children  to  school ;  how  many  families  did,  stating  what  personal 
effort  has  been  made  to  get  the  children  to  attend  school.     The  county  su- 
perintendent shall  not  approve  the  final  voucher  for  the  salary  of  any  teacher 
or  principal  until  all  reports  have  been  made  according  to  law  and  until  the 
register  has  been  properly  filled  out  and  filed  with  him. 

4.  The  principal  or  superintendent  of  every  school  or  institution  of  learn- 
ing supported  in  whole  or  in  part  by  public  funds  shall  report  to  the  state 
superintendent  at  such  time  and  in  such  form  as  he  may  direct. 

Rev.,  ss.  4164,  4165;  1911,  c.  135,  s.  1  (f)  ;  1913,  c.  149,  s.  1  (e). 

ART.  36.     SALARIES  OF  TEACHERS 

5668.  Salaries  to  be  paid  each  class.     Teachers  with, first  grade  certifi- 
cates may  receive  such  compensation  as  shall  be  agreed  upon.     Teachers  with 
second  grade  certificates  shall  receive  not  more  than  forty-five  dollars  per 
month  out  of  the  public  fund.     Teachers  with  third  grade  certificates  shall 
receive  not  more  than  twenty  dollars  per  month,  but  no  third  grade  certifi- 
cate shall  be  renewed,  and  no  holder  of  a  third  grade  certificate  shall  be 
employed   except    as    an    assistant   teacher.     No    teacher    shall    receive    any 
compensation  for  a  shorter  term  than  one  month,  unless  providentially  hin- 
dered from  completing  the  term.     Twenty  school  days  of  not  less  than  six 
hours  nor  more  than  seven  hours  each  day  shall  be  a  month.     The  school 
term  shall  be  continuous,  as  far  as  practicable.     The  county  board  of  edu- 
cation shall  fix,  within  the  limits  above  prescribed,  the  maximum  salary  to 
be  paid  to  teachers  in  each  school  in  the  county. 

Rev.,  s.  4163;  1911,  c.   135,  s.  1  (e)  ;  1919,  c.   254,  s.   15. 

5669.  Payment  of  salaries.     If  the  committee  is  satisfied  that  the  pro- 
visions of  this  chapter  have  been  complied  with,  they  shall  give  an  order  on 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  75 

the  treasurer  of  the  county  school  fund,  payable  to  such  teacher,  for  the  full 
amount  due  for  services  rendered.  Orders  on  the  treasurer  shall  be  valid 
when  signed  by  two  members  of  the  committee  and  countersigned  by  the 
county  superintendent.  The  county  board  of  education  of  every  county  4« 
authorized  and  directed  to  provide  for  the  prompt  payment  of  all  teachers' 
•salaries  due  at  the  end  of  each  school  month. 

Rev.,  s.  4164;  1913,  c.  149,  8.  1  (j). 

NOTE. — Salary  vouchers  must  be  signed  by  the  county  superintendent,  see  above,  sec.  5664. 


SUBCHAPTER  VI.     SCHOOL  BUILDINGS;   LOANS   AND 
BONDS  THEREFOR 

ART.   37.     BUILDING,   REPAIRING,   AND   CONTRACTS   FOR 
SCHOOLHOUSES 

5670.  Contracts  for  schoolhouses ;  county  board  to  pay  one-half  cost.  The 

building  of  new  schoolhouses  shall  be  by  contract  with  the  county  board  of 
education.  The  board  shall  pay  not  exceeding  one-half  of.  the  cost  of  the 
same  out  of  the  fund  set  aside  for  building,  under  section  5487  of  this  chap- 
ter, and  the  school  district  in  which  any  schoolhouse  is  erected  shall  pay  the 
other  part,  and  upon  failure  of  such  district  to  provide  its  part  by  private 
subscription  or  otherwise,  the  board  is  directed  to  take  it  out  of  the  appor- 
tionment to  that  district ;  but  the  board  shall  not  be  authorized  to  invest  any 
money  in  any  new  house  that  is  not  built  in  accordance  with  plans  approved 
by  the  state  superintendent  of  public  instruction.  All  contracts  for  build- 
ings shall  be  in  writing,  and  all  buildings  shall  be  inspected,  received,  and 
approved  by  the  county  superintendent  of  public  Instruction  before  full  pay- 
ment is  made  therefor. 

Rev.,  8.  4124;  1903,  c.  435,  s.  4. 

ART.   38.     LOANS   FOR   SCHOOLHOUSE   BUILDING 

5671.  Made  by  state  board  from  state  literary  fund.    The  state  board  of 
education,  under  such  rules  and  regulations  as  it  may  deem  advisable,  not 
inconsistent  with  the  provisions  of  this  chapter,  may  make  loans  from  the 
state  literary  fund  to  the  county  board  of  education  of  any  county  for  the 
building  and  improving  of  public  schoolhouses  or  dormitories  for  rural  high 
schools  and  teacherages  and  buildings  for  county  farm-life  schools  in  such 
county ;   but  no'  warrant  for  the  expenditure  of  money  for   such   purposes 
shall  be  issued  by  the  auditor  except  upon  the  order  of  the  state  superinten- 
dent of  public  instruction,  with  the  approval  of  the  state  board  of  education. 

Rev.,  s.  4053  ;  1903,  c.  567,  ss.  1,  2,  8  ;  1913,  c.  149,  s.  1  (g)  ;  1919,  c.  254.  s.  1. 

5672.  Appropriation   from   loan   fund   for   free   plans   and   inspection   of 
school  buildings.     The   state  board   of  education  may   annually   set   aside 
and  use  out  of  the  funds  accruing  to  the  interest  of  said  state  loan  fund  a 
sum  not  exceeding  two  thousand  dollars,  to  be  used  for  providing  plans  for 
modern  school  buildings  to  be  furnished  free  of  charge  to  districts,  for  pro- 
viding proper  inspection  of  school  buildings  and  the  use  of  state  funds,  and 
for  such  other  purposes  as  said  board  may  determine,  to  secure  the  erection 
of  a  better  type  of  school  buildings  and  the  better  administration  of  said  state 
loan  fund. 

1919,  c.   254,  s.  21. 


76  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5673.  Terms  of  loans.     Loans  made  under  the  provisions  of  this  article 
shall  be  payable  in  ten  installments,  shall  bear  interest  at  four  per  centum, 
payable  annually,  and  shall  be  evidenced  by  the  note  of  the  county  board  of 
education,  executed  by  the  chairman  and  secretary  thereof,   and  deposited 
with  the  state  treasurer;     The  first  installment  of  such  loan,  together  with 
the  interest  on  the  whole  amount  then  due,  shall  be  paid  by  the  county  board 
on  the  tenth  day  of  February  after  the  tenth  day  of  August  subsequent  to 
the   making   of   such   loan,   and   the   remaining   installments,    together   with 
the  interest,  shall  be  paid,  one  each  year,  on  the  tenth  day  of  February  of 
each  subsequent  year  till  all  shall  have  been  paid. 

Rev.,  s.  4054 ;  1903,  c.  567,  s.  3. 

5674.  How  secured  and  paid.     At  the  January  meeting  of  the  county 
board  of  education,  before  any  installment  shall  be  due  on  the  next  tenth 
day  of  February,  the  county  board  shall  set  apart  out  of  the  school  funds 
an  amount  sufficient  to  pay  such  installment  and  interest  to  be  due,  and  shall 
issue  its  order  upon  the  treasurer  of  the  county  school  fund  therefor,  who, 
prior  to  the  tenth  day  of  February,  shall  pay  over  to  the  state  treasurer  the 
amount  then  due.     And  any  amount  loaned  under  the  provisions  of  this  law 
shall  be  a  lien  upon  the  total  school  funds  of  such  county,  in  whatsoever 
hands  such  funds  may  be ;  and  upon  failure  to  pay  any  installment   or  interest, 
or  part  of  either,  when   due,   the  state  treasurer   may   deduct  a   sufficient 
amount  for  the  payment  of  the  same  out  of  any  fund  due  any  county  from 
any  special  state  appropriation  for  public  schools,  or  he  may  bring  action 
against  the  county  board  of  education  of  such  county,  any  person  in  whose 
possession  may  be  any  part  of  the  school  funds  of  the  county,  and  the  tax 
collector  of  such  county;  and  if  the  amount  of  school  fund  then  on  hand  be 
insufficient  to  pay  in  full  the  sum  so  due,  then  the  state  treasurer  shall  be 
entitled  to  an  order  directing  the  tax  collector  of  such  county  to  pay  over  to 
the  state  treasurer  all  moneys  collected  for  school  purposes  until  such  debt 
and  interest  shall  have  been  paid. 

Rev.,  s.  4055;  1903,  c.  567,  s.  3. 

5675.  Loans  by  county  boards  to  school  districts.    The  county  board  of 
education,  from  any  sum  borrowed  under  the  provisions  of  this  article,  may 
make  loans  to  any  district  in  such  county  for  the  purpose  of  building  school- 
houses  in  such  district,  and  the  amount  so  loaned  to  any  district  shall  be 
payable  in  ten  annual  installments  with  interest  thereon  at  four  per  centum, 
payable  annually.     At  the  January  meeting  of  such  county  board  it  shall 
deduct  from  the  apportionment  made  to   any  district  which  has  borrowed 
under  the  provisions  of  this  article  the  installment  and  interest  then  due,  and 
shall  continue  to  deduct  such  amount  at  each  annual  January  meeting  until 
the  whole  amount  shall  have  been  paid,  together  with  interest. 

Rev.,  s.  4056;  1903,  c.  567,  s.  5. 

ART.   39.     BONDS   FOR   SCHOOLHOUSES   IN   COUNTIES,   TOWNSHIPS, 
AND   SCHOOL  DISTRICTS 

5676.  Election  upon  petition  of  county  board.    The  board  of  county  com- 
missioners of  any  county  in  the  state  shall,  upon  the  petition  of  the  county 
board  of  education,  order  an  election  after  thirty  days  notice  at  the  court- 
house door  and  a  publication  of  four  weeks  in  some  newspaper  published  in 
the  county,  to  be  held  in  any  county,  township,  or  school  district  which  em- 


PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA  77 

braces  an  incorporated  town  or  city,  or  in  which  there  is  maintained  a  public 
high  school,  to  ascertain  whether  the  voters  in  said  county,  township,  01 
school  district  are  in  favor  of  issuing  bonds  for  the  purpose  of  building, 
rebuilding  and  repairing  schoolhouses  and  furnishing  the  same  with  suitable 
equipment. 

1915,  c.  55,  s.  1. 

5677.  Contents  of  petition  and  order  of  election.     The  amount  of  bonds 
to  be  issued  and  the  rate  of  interest  they  are  to  bear,  which  shall  not  be  more 
than  six  per  cent  per  annum,  payable  semiannually,  and  the  length  of  time 
the  bonds  are  to  run,  which  shall  not  be  more  than  twenty  years,  and  the 
maximum  tax  that  may  be  levied,  which  shall  not  exceed  thirty  cents  on  the 
one  hundred  dollars  and  ninety  cents  on  the  poll,  shall  be  set  forth  in  the 
petition  of  the  county  board  of  education  and  in  the  order  for  the  election 
made  by  the  board  of  county  commissioners. 

1915,  c.  55,  B.  1. 

5678.  Limit  of  amount  of  bonds.    In  no  case  shall  the  bonds  authorized 
under  this  article  for  an  entire  county  exceed  the  sum  of  one  hundred  thou- 
sand dollars,  nor  for  a  township  or  school  district  the  sum  of  twenty-five 
thousand  dollars,  but  the  bonds  for  a  township  or  school  district  may  be  in 
addition  to  the  bonds  for  the  entire  county. 

1915,  c.   55,  s.   1. 

5679.  Petition  for  second  election.     Upon  petition  of  one-fourth  of  the 
resident  freeholders  in  any  county,  township,  or  school  district  in  which  one 
election  has  previously  been  held  and  carried  for  a  bond  issue  and  tax  under 
this  article,  a  second  election  for  increasing  the  bond  issue  and  tax  therefor, 
in  said  county,  township,  or  school  district  for  the  purposes  herein  specified, 
not  to  exceed  the  maximum  bond  issue  and  tax  herein  fixed,  shall  be  called 
and  held  in  the  manner  herein  prescribed  for  holding  the  first  election. 

1917,  c.  142. 

5680.  Law  governing  election;  ballots.    The  election  for  an  entire  county 
shall  be  held  under  the  rules  and  regulations  governing  general  elections  as 
near  as  may  be,  and  if  for  a  township  or  school  district,  then  under  the  rules 
and    regulations    governing   elections    in    special-tax    districts    as    prescribed 
under  article  18  of  this  chapter,  entitled  Special  Tax  in  Special  School  Dis- 
trict; but  whether  the  election  be  for  a  county  or  for  a  township  or  for  a 
school  district  a  new  registration  shall  be  ordered.     At  said  election  those 
favoring  the  issuance  of  bonds  and  the  levying  of  a  special  tax  shall  vote 
a  ballot  on  which  shall  be  printed  the  words  "For  Schoolhouse  Bonds,"  and 
those  who  are  opposed  shall  vote  a  ballot  on  which     shall  be  printed  the 
words   "Against    Schoolhouse   Bonds."    The   expenses   of  holding   such   elec- 
tions shall  be  paid  out  of  the  general  school  fund  of  the  county. 

1915,  c.   55,  s.  2. 

5681.  Issuance  of  bonds  and  levy  of  special  tax.     If  a  majority  of  the 
•  qualified  voters  shall  vote  "For  Schoolhouse  Bonds,"  then  it  shall  be  the  duty 

of  the  board  of  county  commissioners  to  issue  bonds  not  exceeding  the  amount 
specified  in  the  order  of  election  as  the  county  board  of  education  may  re- 
quest, and  shall  thereafter  annually  levy  a  sufficient  tax  not  exceeding  the 
amount  specified  in  the  order  of  election  to  pay  the  interest  on  said  bonds 
and  create  a  sinking  fund  sufficient  to  pay  the  principal  and  interest  on  said 
bonds  when  they  fall  due. 

1915,  c.  55,  s.  3. 


78  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5682.  County  board  to  sell  bonds;  disposal  and  investment  of  funds.  The 

said  bonds  when  so  issued  shall  be  delivered  to  the  county  board  of  education, 
who  shall  sell  the  same  for  not  less  than  par  and  hold  the  proceeds  for  the 
benefit  of  the  county  building  fund  if  the  election  be  for  the  entire  county  or 
for  the  benefit  of  the  township  or  school  district  in  which  the  election  was 
held.  The  said  fund  shall  be  paid  out  upon  the  order  of  the  committee  or 
trustee  of  the  township  or  school  district  to  which  the  fund  belongs,  and  upon 
order  of  the  board  of  education  if  the  fund  belongs  to  the  entire  county. 
The  sinking  fund  provided  for  by  this  article  shall  be  invested  by  the  county 
board  of  education  in  safe  securities,  or  may  be  deposited  in  the  bank  that 
will  pay  as  much  as  four  per  cent  per  annum  compounded  quarterly,  and 
will  give  a  sufficient  bond  for  the  safety  of  such  deposit.  The  funds  de- 
rived from  the  sale  of  bonds  for  the  benefit  of  any  school  district  having  a 
bonded  treasurer  shall  be  deposited  with  said  treasurer  to  the  credit  of  such 
district:  Provided,  however,  that  no  treasurer  handling  the  funds  derived 
from  the  sale  of  bonds  voted  under  the  provisions  of  this  article  shall  receive 
any  commisssion  therefor. 

1915,  c.  55,  s.  4;  1917,  c.  285,  s.  7. 

5683.  Collection  of  taxes;  liability  of  officers.     The  taxes  levied  here- 
under  shall  be  collected  by  the  sheriff  or  other  officer  charged  with  the  col- 
lection of  other  taxes,  and  they  shall  in  respect  thereto  be  liable  officially  as 
well  as  personally  to  all  requirements  of  the  law  now  or  hereafter  to  be  pre- 
scribed for  the  faithful  collection  and  payment  of  other  county  taxes. 

1915,  c.  55,  s.  5. 

ART.  40.     BONDS  FOR  SCHOOL-HOUSES  IN  CITIES  AND  TOWNS 

5684.  Authorities  to  issue  bonds.     Whenever  the  board  of  aldermen  or 
other  duly  constituted  authority  of  any  incorporated  town  or  city  in  the  state, 
which  is  in  charge  of  the  finances,  shall  deem  it  necessary  to  purchase  lands  or 
buildings  or  to  erect  additional  buildings  for  school  purposes,  the  said  board 
of  aldermen  or  other  authority  is  authorized  and  empowered  to  issue  for 
said  purposes,  in  the  name  of  the  town  or  city,  bonds  of  such  amount  as  the 
board  of  aldermen  or  other  authority  shall  deem  necessary  in  such  denomi- 
nations and  forms  as  the  board  of  aldermen  or  other  authority  may  deter- 
mine. 

1915,  c.  81,  s.  1. 

5685.  Maturity   of   the  bonds;  interest.     The  time   of  payment   of   the 
principal  of  these  bonds  shall  not  be  more  than  thirty  years  from  the  date 
thereof.     The  bonds  shall  be  serial  bonds,  the  proportionate  parts  thereof 
being  payable   annually  during  the   term  for  which   they   are  issued.     The 
bonds  shall  bear  interest  at  no  greater  rate  than  six  per  cent  per  annum, 
payable  semiannually. 

1915,  c.  81,  ss.  1,  2. 

5686.  Authentication;  sale  of  bonds;  exempt  from  taxation.     The  bonds 
shall  be  signed  by  the  mayor,  attested  by  the  town  or  city  clerk  or  treasurer, 
and  sealed  with  the  corporate  seal  of  said  town  or  city,  and  shall  bear  the 
signature  of  the  town  or  city  clerk  and  treasurer  written,  engraved,  or  litho- 
graphed.    The  bonds  shall  be  sold  at  either  public  or  private  sale,  with  or 
without  notice,  as  the  said  board  of  aldermen  or  other  authority  may  deter- 
mine.    In  no  case  shall  the  bonds  be  sold,  hypothecated,  or  otherwise  dis- 


PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA  79 

posed  of  for  less  than  their  par  value.  The  purchaser  of  said  bonds  shall 
not  be  bound  to  see  to  the  application  of  the  purchase  money.  Said  bonds 
and  their  coupons  shall  .be  exempt  from  town  or  city  taxation  until  after 
they  become  due,  and  the  coupons  shall  be  receivable  in  payment  of  town  -er 
city  taxes. 

1915,  c.   81,  ss.  2,  3. 

5687.  Special  tax  for  payment  of  interest  and  principal.     The  board  of 
aldermen  or  other  proper  authorities  of  said  towns  and  cities  is  authorized 
to  levy  and  collect  each  year,  in  addition  to  all  other  taxes  in  said  city,  an 
ad  valorem  tax  upon  all  the  taxable  property  and  polls,  observing  the  con- 
stitutional ratio,  in  said  city,  sufficient  to  pay  the  interest  on  said  school 
bonds  as  the  same  become  due,  and  also  at  or  before  the  time  when  the  prin- 
cipal of  said  bonds  become  due  a  further  uniform  ad  valorem  tax  upon  all 
taxable  property  and  polls,  observing  the  constitutional  ratio,  in  said  city, 
sufficient  to  pay  the  same  or  provide  for  the  payment  thereof.     Such  taxes 
shall  be  levied  and  collected  at  the  same  time  and  in  the  same  manner  as 
other  taxes  are  levied  and  collected  in  said  city.     The  taxes  collected  under 
this  section  for  the  payment  of  said  bonds  and  coupons  shall  be  used  for  no 
other  purpose,  and  it  shall  be  the  duty  of  the  clerk  and  treasurer  of  the  town 
or  city,  as  the  coupons  are  paid  off  and  taken  up,  to  cancel  the  same  and  re- 
port not  less  than  twice  a  year  to  the  board  of  aldermen  or  other  proper 
authority  the  numbers  and  amounts  of  the  coupons  so  canceled. 

1915,  c.  81,  s.  4;  1917,  c.  130,  s.  1. 

5688.  Bond  issue  submitted  to  election.    The  question  of  the  issue  of  said 
bonds  shall  be  submitted  to  a  vote  of  the  qualified  voters  of  each  town  or  city 
at  such  time  as  the  board  of  aldermen  or  other  proper  authority  of  the  town 
or  city  shall  determine  under  the  rules  and  regulations  prescribed  for  the 
election  of  the  mayor  and  members  of  the  board  of  aldermen  of  said  city; 
the  said  board  of  aldermen  or  other  authority  shall  cause  a  notice  of  said 
election  and  the  purpose  of  same  to  be  published  in  some  newspaper  of  said 
town  or  city  for  thirty  days  before  said  election,  and  the  clerk  of  the  superior 
court  of  the  county  in  which  said  town  or  city  is  located  shall  cause  to  be 
prepared  and  distributed  at  various  polling  places  in  the  said  town  or  city 
a  sufficient  number  of  printed  ballots  favoring  the  issue  of  said  bonds  and  a 
like  number  against  the  same;  the  said  board  of  aldermen  or  other  authority 
shall  cause  to  be  prepared  and  delivered  at  each  polling  place  in  the  said 
town  or  city  a  ballot  box  indicating  the  purpose  of  the  bond  issue  to  be  voted 
therein,  as  follows:  "School  bonds,  $ "   (stating  the  amount  author- 
ized by  the  said  board  of  aldermen  or  other  authority).    All  qualified  voters 
wishing  to  vote  in  favor  of  the  issuing  of  said  bonds  and  levying  the  taxes 
herein  provided  for,  shall  vote  a  written  or  printed  ticket  with  the  words 
"For  School  Bonds,"  and  those  wishing  to  vote  against  issuing  said  bonds 
and  the  levying  of  the  taxes  herein  provided  for  shall  vote  a  printed  or  writ- 
ten ticket  with  the  words  thereon  "Against  School  Bonds."     If  a  majority  of 
said  qualified  voters  shall  vote  "For  School  Bonds"  on  the  proposition  sub- 
mitted for  issuing  bonds  for  the  purpose  aforesaid,  then  it  shall  be  deemed 
and  held  that  the  proposition  receiving  a  majority  of  such  qualified  votes  is 
favored  and  approved  by  the  majority  of  the  qualified  voters  of  such  town  or 
city,  and  the  said  board  of  aldermen  or  other  authority  of  such  town  or  city 
shall  cause  bonds  to  be  prepared  and  issued  for  the  purpose  so  approved  of 


80  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

by  a  majority  of  the  qualified  voters  of  said  town  or  city,  and  levy  taxes  in 
accordance  with  the  provisions  of  this  article. 

1915,  c.  81,  s.  5. 

5689.  Registration  for  election.     The  registration  for  the  election  shall 
be,  if  the  board  of  aldermen  or  other  authority  shall  so  order,  the  same  as 
that  which  is  or  may  be  provided  for  the  election  of  the  mayor  or  other  officers 
of  said  town  or  city;  or  the  said  board  of  aldermen  or  other  authority  may, 
in  their  discretion,  order  a  new  registration  in  the  manner  provided  by  law 
for  new  registration  for  election  of  said  mayor  and  other  officers,  which  new 
registration  may  be  especially  for  said  bond  election. 

1915,  c.  81,  s.  6. 

5690.  Application  and  construction  of  article.     This  article  shall  apply 
to  towns  or  cities  which  have  powers  under  special  acts  or  charters  as  well 
as  to  those  who  derive  their  powers  from  the  general  law.    This  article  shall 
not  be  deemed  or  construed  to  repeal  or  abridge  any  powers,  rights,  or  privi- 
leges heretofore  or  hereafter  granted  by  any  special  acts  to  any  town  or  city, 
but  shall  be  construed  to  grant  additional  powers  where  no  such  powers  have 
been  granted,  or  coordinate  powers  where  such  powers  have  already  been 
or  shall  be  granted. 

1915,  c.  81,  ss.  7,  8. 

SUBCHAPTEK  VII.     TEXT-BOOKS 

ART.  41.     TEXT-BOOK  COMMISSION  AND  SUBCOMMISSION ; 
SUBJECTS ;  ADOPTION 

5691.  Commission  created;  duty.    The  state  board  of  education  is  hereby 
constituted  a  state  text-book  commission,  whose  duty  it  is,  acting  conjointly 
with  the  subcommission,  to  select  and  adopt  a  uniform  series  or  system  of 
text-books  for  use  in  the  elementary  public  schools  of  the  state,  and  who 
shall  serve  without  compensation.     The  governor  shall  be  ex  officio  president 
of  such  commission  and  the  superintendent  of  public  instruction  its  secretary. 

Rev.,  s.  4057;  1901,  c.   1,  ss.  1,   2,   7,  20;   1911,   c.   118,  s.   1  (a). 

5692.  Term  of  office;  powers;  term  of  contracts.     The  commission  shal) 
maintain  its  organization  during  the  five  years  of  the  continuance  of  the  con- 
tract now  in  force.     It  may  from  time  to  time  make  any  necessary  regula- 
tions, not  contrary  to  the  provisions  of  this  article,  to  secure  the  prompt  dis- 
tribution of  the  books  herein  provided  for,  and  the  prompt  and  faithful  per- 
formance of  all  contracts.     At  any  time  within  six  months  before  the  expira- 
tion of  the  contracts  now  in  force  for  furnishing  books  to  the  public  schools, 
the  commission  may  advertise  for  new  bids  or  proposals,  as  required  by  this 
article,  and  enter  into  such  contracts  as  they  may  deem  best  for  the  in- 
terest of  the  patrons  of  the  public  schools  of  the  state.     Any  contract  entered 
into  or  renewed  shall  be  for  the  term  of  five  years. 

Rev.,  ss.  4058,  4059;  1901,  c.  1,  s.  14;  1911,  c.  118,  ss.  1  (b),  1  (c). 

5693.  Appointment  of  subcommission ;  compensation.    It  shall  be  the  duty 
of  the  governor  and  the  state  superintendent  of  public  instruction  to  appoint 
a  subcommission  of  six  members,  to  be  selected  from  among  the  teachers  or 
county  superintendents  actually  engaged  in  school  work  in  this  state;  and 
members  of  the  subcommission  actually  serving  shall  be  paid  a  per  diem  of 
four  dollars  per  day  during  the  time  that  they  are  actually  engaged  in  such 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  81 

service,  and  in  addition  shall  be  repaid  all  money  actually  expended  by  them 
in  payment  of  necessary  expenses,  to  be  paid  out  of  the  public  funds  of  the 
state  treasury,  and  they  shall  make  out  and  swear  to  an  itemized  statement 
of  such  expenses. 

Rev.,   s.   4063;   1907,   c.   835,   s.   1  (b)  ;   1911,   c.   118,   s.   1  (f). 

5694.  Oath  of  subcommissioners.     Each  member  of  the  subcommission, 
before  entering  upon  the  discharge  of  his  duties,  shall  take  and  subscribe  an 
oath  to  act  honestly,  conscientiously,  and  faithfully,  and  that  he  is  not  now, 
has  not  within  two  years  prior  to  his  appointment,  been  agent  or  attorney 
for  or  in  the  employment  of  or  interested  in  any  book  or  publishing  house, 
concern,  or  corporation  making  or  proposing  to  make  bids  for  the  sale  of 
books,  pursuant  to  the  provisions  of  this  article,  and  that  he  will  carefully 
and  faithfully  examine  all  books  submitted,  and  make  true  report  thereon, 
as  herein  directed  and  prescribed.     Such  oath  shall  be  filed  in  the  office  of 
the  secretary  of  state. 

Rev.,  s.  4064;  1901,  c.  1,  s.  5. 

5695.  Examination  of  books  by  subcommission.     To  the  subcommission 
shall  be  referred  all  books  sent  to  the  state  text-book  commission  as  speci- 
men copies  or  samples  upon  which  bids  are  to  be  based ;  and  it  shall  be  the 
duty  of  the  subcommission,  in  executive  session,  to  examine  and  report  upon 
the  merits  of  the  books,  irrespective  of  the  price,  taking  into  consideration 
the  subject-matter  of  the  books,  their  printing,  their  material,  and  their  me- 
chanical qualities,  and  their  general  suitability  and  desirability  for  the  pur- 
poses for  which  they  are  desired  and  intended. 

Rev.,  s.  4065;  1901,  c.  1,  s.  3. 

5696.  Report  of  subcommission.     The  subcommission  shall  report  to  the 
commission  at  such  time  as  the  commission  shall  direct,  arranging  each  book 
in  its  class  or  division,  and  reporting  books  in  the  order  of  their  merit,  point- 
ing out  the  merits  and  demerits  of  each,  and  indicating  what  book  it  recom- 
mends for  adoption  first,  what  book  is  its  second  choice,  and  its  third  choice, 
and  so  on,  pursuing  this  plan  with  the  books  submitted  upon  each  branch  of 
study ;  and  if  the  subcommission  shall  consider  different  books  upon  the  same 
subject  or  of  the  same  class  or  division  of  approximately  even  merit,  all 
things  being  considered,  it  shall  so  report,  and  if  it  considers  that  any  book 
offered  is  of  such  class  as  to  make  it  inferior  and  not  worthy  of  adoption,  shall 
in  its  report  to  designate  such  book.     In  its  report  it  shall  make  such  recom- 
mendations and  suggestions  to  the  commission  as  it  shall  deem  advisable 
and  proper  to  make. 

Rev.,  s.  4065;  1901,   c.   1,  s.  4. 

5697.  Opening  and  filing  report.    The  report  of  the  subcommission  shall 
be  kept  secret  and  sealed  up  and  delivered  to  the  secretary  of  the  commission, 
and  shall  not  be  opened  up  by  any  member  of  the  commission  until  the  com- 
mission and  the  subcommission  shall  meet  in  joint  executive  session  to  open 
and  consider  the  bids  or  proposals  of  publishers  or  others  desiring  to  have 
books  adopted  by  the  commission ;  and  when  the  commission  shall  have  fin- 
ished with  the  report  it  shall  be  filed  and  preserved  in  the  office  of  the  super- 
intendent of  public  instruction  and  shall  be  open  at  all  times  for  public  in- 
spection. 

Rev.,  s.  4066;  1901,   c.   1,  ss.   4,   6;  1911,   c.   118,  s.   1  (g). 
6 


82  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5698.  Character  and  requisites  of  books  adopted.    The  uniform  series  of 
text-books  to  be  selected  by  the  commission  and  the  subcommission  shall  in- 
clude the  following  branches  of  study,  to  wit:     Orthography,  defining,  read- 
ing,   writing,    drawing,    arithmetic,    geography,    grammar,    language    lessons, 
history  of  North  Carolina  containing  the  constitution  of  the  state,  history  of 
the  United  States  containing  the  constitution  of  the  United  States,  physiology, 
hygiene,  nature  and  effect  of  alcoholic  drinks  and  narcotics,  elements  of  civil 
government,  elements  of  agriculture.     None  of  such  text-books  shall  contain 
anything  of  a  partisan  or  sectarian  character,  and  all  shall  be  written  or 
printed  in  English. 

Rev.,  s.  4060;  1901,  c.  1,  ss.  2,  8;  1911,  c.   118,  s.  1  (d). 

5699.  Selection  and  adoption  of  books.    The  commission  and  subcommis- 
sion in  their  selection  and  adoption  of  a  uniform  series  of  text-books  shall 
consider  the  merits  of  the  books,   taking  into   consideration   their   subject- 
matter,  the  printing,  binding  material,  and  mechanical  quality,  their  general 
suitability  and  desirability  for  the  purposes  intended,  and  the  price ;  and  shall 
give  due  consideration  to  the  report  and  recommendation  of  the  subcommis- 
sion.    The   text-book  commisssion   and   the   subcommission   shall   select   and 
adopt  such  books  as  will,  in  their  judgment,  best  accomplish  the  ends  desired ; 
and  in  case  any  books  are  deemed  by  them  suitable  for  adoption  and  more 
desirable  than  other  books  of  the  same  class  or  division  submitted,  and  in 
case  they  consider  the  price  at  which  such  books  are  offered  to  be  unreasonably 
high,  and  that  the  same  should  be  offered  at  a  smaller  price,  they  are  hereby 
authorized  and  directed  to  notify  immediately  the  publishers  of  such  books 
of  their  decision,  and  request  such  reduction  in  price  as  they  deem  reasonable 
or  just;  and  if  they  shall  agree  on  a  price  with  such  publishers  they  may 
adopt  such  books ;  but  upon  failure  to  agree  upon  price,  they  shall  use  their 
sound  judgment  and  discretion  as  to  the  adoption  of  those  or  of  other  books 
deemed  by  them  to  be  the  next  best  in  the  list  submitted. 

Rev.,  s.  4067;  1901,  c.   1,  s.   6 ;  1911,  c.  118,  s.   1  (h). 

5700.  Exclusive  use  of  books  adopted.     The  books  adopted  by  the  com- 
mission and  subcommission  as  a  uniform  system  of  text-books  shall  be  in- 
troduced and  used  as  text-books,  to  the  exclusion  of  all  others,  in  all  the  free 
public  schools  in  the  state  for  a  period  of  five  years  from  the  date  of  adop- 
tion ;  and  it  shall  not  be  lawful  for  any  school  officer,  director,  or  teacher  to 
use  any  books  upon  the  same  branches  other  than  those  adopted  by  the  com- 
mission.   Nothing  herein  shall  prevent  the  use  of  supplementary  books,  but 
such  supplementary  books  shall  not  be  used  to  the  exclusion  of  the  books  pre- 
scribed or  adopted  under  the  provisions  of  this  article;  nor  shall  anything 
herein  prevent  the  teaching  in  any  school  any  branch  higher  or  one  more  ad- 
vanced than  is  embraced  in  the  section  prescribing  the  character  and  re- 
quisites of  books  to  be  adopted,  nor  the  use  of  any  book  upon  such  higher 
branch  of  study,  but  such  higher  branch  shall  not  be  taught  to  the  exclusion 
of  the  branches  enumerated  in  the  second  preceding  section. 

Rev.,  s.  4061;  1901,  c.  1,  s.  16;  1911,  c.  118,  s.  I  (e). 

5701.  Teacher  allowing  other  books  dismissed.     If  any  teacher  shall  wil- 
fully use  or  permit  to  be  used  in  his  school  any  text-book  upon  the  branches 
embraced  in  this  article,  where  the  commission  has  adopted  a  book  upon  that 
branch,  other  than  the  one  so  adopted,  the  county  board  of  education  shall 
discharge  and  cancel  the  certificate  of  such  teacher  or  school  superintendent ; 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  83 

but  they  may  use  or  permit  to  be  used  such  book  or  books  as  may  be  owned 
by  the  pupils  of  the  school  at  the  time  of  the  adoption  until  such  books  are 
worn  out,  not  exceeding  one  year  from  the  date  of  adoption. 

Rev.,  s.  4062  ;  1901,  c.  1,  s.  18. 

5702.  Provision  for  purchase  when  contractor  fails  to  supply.     Nothing 
herein  shall  prevent  or  prohibit  the  patrons  of  the  public  schools  throughout 
the  state  from  procuring  books  in  the  usual  way,  in  case  no  contract  shall  be 
made  or  the  contractor  fails  or  refuses  to  furnish  the  books  provided  for  in 
this  article  at  the  time  required  for  their  use  in  the  respective  schools. 

Rev.,  s.  4062  ;  1901,  c.  1,  s.  17. 

5703.  Advertisement  for  bids.    At  any  time  within  six  months  before  the 
expiration  of  the  now  existing  contracts  the  commission  shall  advertise,  in 
such  manner  and  for  such  a  length  of  time  and  at  such  places  as  may  be 
deemed  advisable,  that  at  a  time  and  place  fixed  definitely  in  the  advertise- 
ment sealed  bids  or  proposals  will  be  received  from  the  publishers  of  school 
text-books  for  furnishing  books  to  the  public  schools  in  the  state  of  North 
Carolina,  through  agencies  established  by  the  publishers  in  the  several  coun- 
ties, and  in  the  several  places  in  the  counties  of  the  state  as  may  be  provided 
for  in  such  regulations  as  the  commission  may  adopt  and  prescribe.     The  ad- 
vertisement shall  also  state  in  substance  the  requirements  of  the  section  pro- 
viding how  bids  are  to  be  made  and  their  contents,  and  shall  reserve  the  right 
to  the  commission  to  reject  all  bids. 

Rev.,  s.  4068;  1901,  c.  1,  ss.  1,  7,  11,  14;  1911,  c.  118,  s.  1  (j). 

5704.  Form  and  contents  of  bids.    The  bids  or  proposals  shall  be  for  fur- 
nishing books  for  a  period  of  five  years,  and  no  longer,  and  no  bid  for  a  longer 
period  shall  be  considered.     The  bids  shall  state  specifically  and  definitely 
the  price  at  which  books  are  to  be  furnished  and  the  exchange  price  at  which 
such  books  are  to  be  furnished,  and  shall  be  accompanied  by  ten  or  more  speci- 
men copies  of  each  and  every  book  proposed  to  be  furnished.     It  shall  be  re- 
quired of  each  bidder  to  deposit  with  the  treasurer  of  the  state  a  sum  of 
money,  such  as  the  commission  may  require,  not  less  than  five  hundred  nor 
more  than  twenty-five  hundred  dollars,  according  to  the  number  of  books  each 
bidder  may  propose  to  supply,  and  such  deposits  shall  be  forfeited  absolutely 
to  the  state  if  the  bidder  making  the  deposit  of  any  sum  shall  fail  or  refuse 
to  make  and  execute  such  contract  and  bond,  as  is  hereinafter  required,  within 
such  time  as  the  commission  shall  require.     All  bids  shall  be  sealed  and  de- 
posited with  the  secretary  of  state,  to  be  by  him  delivered  to  the  commission 
when  in  executive  session,  for  the  purpose  of  considering  the  same,  when  they 
shall  be  opened  in  the  presence  of  the  commission.     It  shall  be  the  duty  of  the 
secretary  of  state  to  carefully  preserve  in  his  office,  as  the  standard  of  qual- 
ity and  excellence  to  be  maintained  in  such  book  during  the  continuance  of 
the  contracts  for  furnishing  the  same,  the  specimen  or  sample  copies  of  all 
books  which  have  been  the  basis  of  any  contract,  together  with  the  original 
bid  or  proposal. 

Rev.,  s.  4069  ;  1901,  c.  1,  ss.  7,  9,  10. 

5705.  Bids  and  proposals  may  be  rejected.     The  commission  shall  have 
and  reserve  the  right  to  reject  any  and  all  bids  or  proposals  if  of  the  opinion 
that  any  or  all  should  for  any  reason  be  rejected;  and  in  case  it  fail  from 
among  the  bids  or  proposals  submitted  to  select  or  adopt  any  books  upon  any 
of  the  branches  prescribed  by  this  article,  may  readvertise  for  sealed  bids  or 


84  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

proposals,  under  the  same  terms  and  conditions  as  before,  and  proceed  with 
its  investigations  in  all  respects  as  in  the  first  instance  and  as  required  by 
the  terms  and  provisions  of  this  article;  and  the  commission  shall  have  and 
reserve  the  same  rights  in  cases  of  advertisement  for  and  presentation  of 
bids  and  proposals  for  manuscripts  and  unpublished  books  hereinafter  pro- 
vided for  in  this  article. 

Rev.,   s.  4070;   1901,   c.   1,  s.   11. 

5706.  Adoption  of  manuscripts  and  unprinted  books.     In  the  event  that 
the  commission  rejects  the  bid  for  furnishing  any  book,  or  in  case  it  fail  to 
adopt  any  books  of  the  classes  required,  it  may  advertise  for  sealed  bids  or 
proposals  from  authors  or  publishers  of  text-books  who  have  manuscripts  of 
books  not  yet  published,  for  prices  at  which  they  will  publish  and  furnish  in 
book  form  such  manuscripts  for  use  in  the  public  schools  of  North  Carolina, 
proceeding  in  like  manner  as  in  bids  for  furnishing  books ;  but  the  state  it- 
self shall  not  under  any  circumstances  enter  into  any  contract  binding  it  to 
pay  for  the  publication  of  any  book,  but  in  the  contract  with  the  owner  of 
the  manuscript  it  shall  be  provided  that  he  shall  pay  the  compensation  to  the 
publisher  for  the  publication  and  putting  in  book  form  the  manuscript,  together 
with  the  cost  and  expense  of  copyrighting  the  same. 

All  such  bids  or  proposals  shall  be  accompanied  with  a  cash  deposit  of 
from  five  hundred  to  twenty-five  hundred  dollars,  as  the  commission  may  di- 
rect, and  as  heretofore  provided  in  this  article;  and  it  is  expressly  provided 
that  any  person  now  doing  business  or  proposing  to  do  business  in  this  state 
shall  have  the  right  to  bid  for  the  contract  to  be  awarded  hereunder  in  man- 
ner as  follows:  In  response  to  the  advertisement  such  person  may  submit 
his  written  bid  to  edit  or  have  edited,  published,  and  supplied  for  use  in  the 
public  schools  in  this  state  any  book  provided  for  hereunder.  Instead  of 
filing  with  the  bid  or  proposal  a  sample  or  specimen  or  copy  of  each  book 
proposed  to  be  furnished,  he  may  exhibit  to  the  commission,  in  manuscript  or 
printed  form,  the  matter  proposed  to  be  incorporated  in  any  book,  together 
with  such  a  description  and  illustration  of  the  form  and  style  thereof  as  will 
be  fully  intelligible  and  satisfactory  to  the  commission,  or  he  may  submit  a 
book  the  equal  of  which  in  every  way  he  proposes  to  furnish,  and  he  shall 
accompany  his  bid  or  proposal  with  the  cash  deposit  hereinbefore  required. 
All  such  books  and  manuscripts  shall  be  examined  and  reported  upon  by  the 
subcommission  before  being  adopted. 

Rev.,  s.  4071  ;  1901,  c.  1,  s.  11.    . 

5707.  Commission  to  deliver  sample  books  to  subcommission.    It  shall  be 
the  duty  of  the  commission  to  meet  at  the  time  and  place  designated  in  the 
advertisement  and  take  out  the  sample  or  specimen  copies  submitted,  upon 
which  the  bids  are  based,  and  refer    and  submit  them  to  the  subcommission, 
as  provided  for  and  directed  in  this  article,  with  instructions  to  the  subcom- 
mission to  report  at  a  time  specified,  with  the  classification  and  recommen- 
dation, as  provided  in  this  article. 

Rev.,  s.  4072  ;  1901,  c.  1,  s.  8. 

5708.  Adoption  of  books.    When  the  report  of  the  subcommission  is  sub- 
mitted it  shall  be  the  duty  of  the  commission  and  the  subcommission  to  meet 
in  joint  executive  session  to  open  and  examine  all  sealed  proposals  submitted 
and  received  in  pursuance  of  the  notice  or  advertisement  provided  for  in  this 
article.     It  shall  be  the  duty  of  the  commission  and  the  subcommission  to 


PUBLIC  SCHOOL  LAW  OF  WORTH  CAROLINA  85 

examine  and  consider  all  such  bids  or  proposals,  together  with  the  report  and 
recommendation  of  the  subcommission,  and  determine,  in  the  manner  provided 
in  this  article,  what  books,  upon  the  branches  hereinabove  mentioned,  shall 
be  selected  for  adoption,  taking  into  consideration  the  size,  quality  as  to"tKS~ 
subject-matter,  material,  printing,  binding,  and  the  mechanical  execution  and 
price,  and  the  general  suitability  for  the  purpose  desired  and  intended. 

Rev.,  s.   4073;  1901,  c.   1,  s.   8 ;  1911,   c.   118,  s.   1  (k). 

5709.  Award  of  contract.    After  the  selection  or  adoption  shall  have  been 
made,  the  commission  shall  award  the  contracts,  and  shall  by  registered  letter 
notify  the  publishers  or  proposers  to  whom  the  contracts  have  been  awarded. 
But  the  commisssion  shall  not,  in  any  case,  contract  with  any  person  for  the 
use  of  any  book  which  shall  be  sold  to  patrons  for  use  in  any  public  school  in 
the  state  in  excess  of  the  price  at  which  such  book  is  to  be  furnished  by  such 
person,  under  contract,  to  any  state,  county,  or  school  district  in  the  United 
States,  under  like  conditions  as  those  prevailing  in  this  state  and  under  this 
article. 

Rev.,  s.  4073;  1901,  c.  1,  s.  9. 

5710.  Execution  of  contract.    Upon  the  awarding  of  the  contracts  it  shall 
be  the  duty  of  the  attorney-general  to  prepare  the  same  in  accordance  with 
the  terms  and  provisions  of  this  article.     On  behalf  of  the  state  the  contracts 
shall  be  executed  by  the  governor  and  secretary  of  state,  and  the  seal  of  the 
state  shall  be  set  thereto.     All  such  contracts  shall  be  executed  in  triplicate, 
of  which  one  shall  be  kept  by  the  secretary  of  the  commission,  one  shall  be 
filed  in  the  office  of  the  secretary  of  state,  and  one  shall  be  retained  by  the 
contracting   party.     All   contracts   entered   into   or   renewed   under   the   pro- 
visions of  this  article  shall  be  for  the  term  of  five  years. 

Rev.,  s.  4074;  1901,  c.  1,  ss.  8,  14. 

5711.  Stipulations  in  contract.    It  shall  be  stipulated  in  each  contract  that 
the  contractor  has  never  furnished,  and  is  not  now  furnishing  under  contract, 
any  state,  county,  or  school  district  in  the  United  States  where  like  condi- 
tions prevail  as  are  then  prevailing  in  this  state  and  under  this  article,  the 
same  books  as  are  embraced  in  the  contract  at  a  price  below  that  stipulated 
in  the  contract ;  and  the  commission  is  hereby  authorized  and  directed,  at  any 
time  that  it  may  find  that  any  books  have  been  sold  at  a  lower  price  under 
contract  to  any  state,  county,  or  school  district,  to  sue  upon  the  bond  of  the 
contractor  and  recover  the  difference  between  the  contract  price  and  the  lower 
price  for  which  books  have  been  sold.     It  shall  also  be  stipulated  in  the  con- 
tract that  the  contractor  shall  take  up  school  books  in  use  in  this  state  at 
the  date  of  such  contract,  and  receive  the  same  in  exchange  for  new  books, 
allowing  a  price  for  such  old  books  not  less  than  fifty  per  cent  of  the  contract 
price  of  the  new  books. 

Rev.,  s.  4075;  1901,  c.   1,  ss.  9,   10. 

5712.  Liability  of  state  on  contract.     It  shall  always  be  a  part  of  the 
terms  and  conditions  of  every  contract  made  in  pursuance  of  this  article  that 
the  state  of  North  Carolina  shall  not  be  liable  to  any  contractor  in  any  man- 
ner for  any  sum  whatever,  but  all  such  contractors  shall  receive  their  pay 
and  compensation  solely  and  exclusively  from  *the  proceeds  of  the  sale  of 
books,  as  provided  for  in  this  article. 

Rev.,  s.  4076;  1901,   c.   1,  s.   10. 


86  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5713.  Power  to  alter  contracts.    Nothing  in  this  article  shall  prevent  the 
commission  and  any  contractor  agreeing  thereto  from  in  any  manner  chang- 
ing or  altering  any  contract,  if  four  members  of  the  commission  shall  agree 
to  the  change  and  think  it  advisable  and  for  the  best  interest  of  the  public 
schools  of  the  state. 

Rev.,  s.  4077 ;  1901,  c.  1,  s.  9. 

5714.  Books  must  come  up  to  sample.     The  books  furnished  under  any 
contract  shall,  at  all  times  during  the  existence  of  the  contract,  in  all  respects 
be  equal  to  the  specimen  or  sample  copies  furnished  with  the  bid. 

Rev.,  s.  4078;  1901,  c.  1,  s.  9. 

5715.  Bond  of  contractor.    At  the  time  of  the  execution  of  the  contract 
the  contractor  shall  enter  into  a  bond  in  the  sum  of  not  less  than  ten  thou- 
sand dollars,  payable  to  the  state  of  North  Carolina,  the  amount  of  the  bond 
within  such  limits  to  be  fixed  by  the  commisssion,  conditioned  for  the  faith- 
ful, honest,  and  exact  performance  of  his  contract,  and  shall  further  provide 
for  the  payment  of  reasonable  attorneys'  fees  in  case  of  recovery  in  any  suit 
upon  the  same,  with  three  or  more  good  and  solvent  sureties,  actual  citizens 
and  residents  of  this  state,  or  any  guaranty  company  authorized  to  do  busi- 
ness in  this  state  may  become  the  surety  on  such  bond;  and  it  shall  be  the 
duty  of  the  attorney-general  to  prepare  and  approve  such  bonds.     The  com- 
mission may  at  any  time,  by  giving  thirty  days  notice,  require  additional  se- 
curity or  additional  bond. 

Rev.,  s.  4079;  1901,  c.  1,  ss.  8,  9. 

5716.  Actions  on  the  bond.     1.  Suit    by   commission.    In   case   any   con- 
tractor shall  fail  to  execute  specifically  the  terms  and  provisions  of  his  con- 
tract, the  commission  is  hereby  empowered  and  directed  to  bring  an  action 
upon  the  bond  of  such  contractor  for  the  recovery    of  any  and  all  damages. 
Such  action  shall  be  in  the  name  of  the  state  of  North  Carolina,  and  the  re- 
covery shall  be  for  the  benefit  of  the  public  school  fund  of  the  state  and 
counties,  and  when  collected  shall  be  placed  in  the  treasury  of  the  school  fund. 
The  bond  shall  not  be  exhausted  by  a  single  recovery,  but  may  be  sued  on 
from  time  to  time  until  the  full  amount  thereof  shall  be  recovered. 

2.  Suit  by  county  board.  And  it  is  expressly  provided  that  should  any  party 
contracting  to  furnish  books,  as  provided  for  in  this  article,  fail  to  furnish 
them  or  otherwise  break  his  contract,  in  addition  to  the  right  of  the  state  to 
sue  on  the  bond  hereinabove  required,  the  chairman  of  the  county  board  of 
education  or  any  member  thereof  may  sue  in  the  name  of  the  state  in  the 
courts  of  the  state  having  jurisdiction,  and  recover  on  such  bond  the  full 
value  of  the  books  so  failed  to  be  furnished,  for  the  use  and  benefit  of  the 
school  fund  of  the  county.  In  all  such  cases  service  of  process  may  be  made 
on  any  agent  or  contractor  in  the  county,  or  if  no  agent  is  in  the  county,  then 
service  may  be  made  on  any  agent  in  charge  of  any  depository,  and  such  ser- 
vice shall  be  and  stand  in  the  place  of  service  on  the  defendant  contractor. 

Rev.,  s.  4080;  1901,  c.  1,  ss.  8,  9,  13. 

5717.  Deposits  by  bidders;  return  and  forfeiture.    When  any  person  shall 
have  been  awarded  a  contract,  and  shall  have  given  the  bond  required,  the 
commission,  through  its  secretary,  shall  so  inform  the  treasurer  of  the  state, 
who  shall  then  return  to  suoh  contractor  the  cash  deposit  made  by  him;  and 
the  commission,  through  its  secretary,  shall  inform  the  treasurer  of  the  names 
of  the  unsuccessful  bidders  or  proposers,  and  the  treasurer  shall,  upon  the 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  87 

receipt  of  this  notice,  return  to  them  the  amounts  deposited  by  them  in  cash 
at  the  time  of  the  submission  of  their  bids.  Should  any  person  fail  or  refuse 
to  execute  a  contract  and  give  the  bond,  as  required  by  this  article,  within 
thirty  days  after  the  awarding  of  the  contract  to  him  and  the  mailing  of  the 
registered  letter  containing  notice  thereof,  which  shall  be  sufficient  evidence 
that  the  notice  was  given  and  received,  the  cash  deposit  shall  be  deemed  and 
it  is  hereby  declared  forfeited  to  the  state  of  North  Carolina,  and  it  shall  be 
the  duty  of  the  treasurer  to  place  such  cash  deposit  in  the  treasury  of  the 
state,  to  the  credit  of  the  school  fund. 

Rev.,  s.  4081  ;  1901.  c.  1,  s.  8. 

5718.  Prices  to  be  printed  on  books.    It  shall  be  the  duty  of  all  contrac- 
tors to  print  plainly  on  the  back  of  each  book  the  contract  price,  as  well  as 
the  exchange  price  at  which  it  is  agreed  to  be  furnished,  but  the  books  sub- 
mitted as  sample  or  specimen  copies  with  the  original  bid  shall  not  have  the 
price  printed  on  them  before  they  are  submitted  to  the  subcommission ;  and 
all  books  shall  be  sold  to  the  consumer  at  the  retail  contract  price,  and  on  each 
book  shall  be  printed  the  following:  "The  price  fixed  hereon  is  fixed  by  state 
contract,  and  any  deviation  therefrom  should  be  reported  to  your  county  super- 
intendent of  public  instruction  or  to  the  state  superintendent  at  Raleigh." 

Rev.,  s.  4082  ;  1901,  c.  1,  ss.  9,  13,  19. 

5719.  Selling  books  at  greater  than  contract  price  misdemeanor.     If  any 

dealer,  clerk,  or  agent  shall  sell  any  book  adopted  by  the  text-book  commis- 
sion for  a  greater  price  than  the  contract  price  he  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding  fifty 
dollars. 

Rev.,  s.  3834;  1901,  c.  1,  s.  19. 

5720.  Distributing   agencies   and  depositories;   penalty   failure   to  have. 

There  shall  be  maintained  in  each  county  in  the  state  not  less  than  one  and 
as  many  more  agencies  as  the  commission,  upon  recommendation  of  the  county 
board  of  education  shall  order,  to  be  located  at  such  points  as  the  county 
board  may  recommend,  for  the  distribution  of  books  to  the  patrons ;  or  the 
contractor  shall  be  permitted  to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books.  Parties  living  in  the  county 
where  no  agency  has  been  established  or  no  arrangement  made  for  the  distri- 
bution may  order  the  same  from  one  of  the  contractors,  who  shall  deliver 
any  book  so  ordered  to  the  person  ordering,  to  his  postoffice  address,  freight, 
express,  postage,  or  other  charges  prepaid,  at  the  retail  contract  price,  if  the 
price  of  the  books  so  ordered  shall  be  paid  in  advance. 

The  contractors  shall  maintain  one  or  more  joint  state  depositories  at  some 
convenient  distributing  point  or  points  in  the  state,  at  which  shall  be  kept  at 
all  times  an  ample  supply  of  all  adopted  books  for  the  convenient  and  expe- 
ditious supply  of  books  to  the  local  depositories  in  the  various  counties  of  the 
state.  Whenever  demanded  and  certified  by  the  county  superintendent  of  pub- 
lic instruction  of  any  county  to  be  necessary  to  secure  and  keep  on  hand  an 
ample  supply  of  books  at  at  any  local  depository,  the  contractors  shall  furnish 
books  to  such  local  depository  on  consignment. 

And  every  contractor  shall  be  required  to  keep  on  hand  at  all  times  at 
every  established  agency  in  every  county  an  ample  supply  of  books  to  meet  all 
demands  of  patrons  and  purchasers,  and  upon  failure  to  do  so,  or  upon  fail- 
ure to  establish  agencies  when  ordered  to  do  so  by  the  commission,  as  directed 


88  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

herein,  the  contractor  shall  be  liable  to  a  penalty  of  five  hundred  dollars  for 
each  and  every  failure  to  comply  with  the  provisions  of  this  section,  to  be 
sued  for  by  the  attorney-general  in  the  name  of  the  state  in  the  superior  court 
of  Wake  county,  for  the  benefit  of  the  school  fund  of  the  county  injured  by 
such  failure ;  and  if  any  contractor  against  whom  judgment  shall  be  obtained 
for  such  penalty  shall  fail  to  pay  the  same  within  thirty  days  after  the  dock- 
eting thereof,  he  shall  forfeit  his  contract,  and  the  commission  shall  so  de- 
clare, and  shall  thereupon  proceed  to  make  a  new  contract  for  books  with 
some  other  contractor.  The  county  superintendent  shall  notify  the  contrac- 
tors annually  of  the  date  of  opening  the  public  schools  at  least  thirty  days 
before  they  open. 

Rev.,  s.  4083;  1901,  c.-  1,  s.  13;  1903,  c.  691,  ss.  1,  2;  1911,  c.  118,  s.  1  (1). 

5721.  Contract  proclaimed  by  governor;  notices  by  state  superintendent. 

As  soon  as  the  commission  shall  have  entered  into  a  contract  for  the  fur- 
nishing or  supplying  of  books  for  use  in  public  schools,  it  shall  be  the  duty  of 
the  governor  to  issue  his  proclamation  announcing  such  fact  to  the  people  ol 
the  state.  And  as  soon  thereafter  as  practicable  the  state  superintendent 
shall  issue  a  circular  letter  to  each  county  superintendent  in  the  state  and  to 
such  others  as  he  may  desire,  which  letter  shall  contain  the  list  of  books 
adopted,  the  prices,  location  of  agencies,  and  method  of  distribution,  and  such 
other  information  as  he  may  deem  necessary. 

Rev.,   s.   4084  ;   1901,   c.    1,   ss.    12,   15. 

ART.  42.     HIGH   SCHOOL  TEXT-BOOKS 

5722.  Unit  of  adoption  the  county.     The  unit  for  the  adoption  of  high 
school  text-books  shall  be  the  county. 

1919,  c.  201,  s.  1. 

5723.  State  superintendent  to  prepare  list  of  approved  text-books.     The 

state  superintendent  of  public  instruction  shall,  within  one  year  from  the 
eighth  day  of  March,  nineteen  hundred  and  nineteen,  have  prepared  a  list  of 
approved  text-books  for  use  in  all  public  high  schools  of  the  state,  from  which 
list  adoptions  for  each  county  in  each  subject  of  study  taught  in  the  high 
schools  of  the  county  shall  be  made  in  the  manner  prescribed  in  this  article ; 
and  the  state  superintendent  of  public  instruction  shall  have  the  state  list  of 
approved  high  school  text-books  printed,  showing  the  wholesale,  retail,  and 
exchange  prices  as  agreed  upon  by  contract  with  the  publishers  of  approved 
books  under  the  provisions  of  this  article. 

1919,  c.  201,  s.  2. 

5724.  County  committee  to  recommend  books.    The  county  board  of  edu- 
cation of  each  county  shall,  upon  the  recommendation  of  the  county  committee 
on  high  school  text-books,  every  four  years,  except  as  hereinafter  provided, 
adopt  a  county  list  which  shall  be  made  up  from  the  state  list  of  approved 
books  provided  for  in  the  preceding  section ;  and  the  said  committee  to  select 
high  school  text-books  for  each  county  shall  be  composed  of  the  county  superin- 
tendent of  public  instruction,  the  superintendent  of  the  largest  city  or  town 
school  system  of  the  county,   and  three  high  school  principals  or  teachers 
chosen  from  the  different  high  schools  of  the  county,  to  be  selected  jointly  by 
the  two  above  mentioned  county  and  city  superintendents :     Provided,   that 
in  a  county  where  such  a  committee  cannot  be  secured  according  to  the  man- 
ner provided  above,  the  state  high  school  inspector  shall  recommend  to  the 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  89 

county  board  of  education  of  said  county  the  high  school  books  to  be  used  in 
said  county,  and  the  county  board  of  education  shall  adopt  the  list  of  books  so 
recommended ;  and  the  county  adoptions  of  high  school  text-books  under  this 
article  shall  be  limited  to  the  state  list  of  approved  high  school  text-books  to~ 
be  selected  under  the  direction  of  the  state  superintendent  of  public  instruc- 
tion and  published  by  him  as  provided  in  the  preceding  section :  Provided, 
that  nothing  in  this  article  shall  be  so  construed  as  to  prevent  the  county  com- 
mittee on  high  school  text-books  from  recommending  the  use  of,  and  the 
county  board  of  education  from  adopting,  more  than  one  book  in  a  subject 
for  use  in  the  different  types  of  high  schools  that  may  require  books  of  greater 
or  less  difficulty,  nor  shall  any  high  school  be  prevented  from  using  necessary 
supplementary  books. 

1919,  c.   201,  s.   3. 

5725.  Publishers  to  submit  samples  with  prices  to  state  superintendent 

The  state  superintendent  of  public  instruction  shall  give  notice  to  the  pub- 
lishers of  high  school  text-books  in  such  manner  as  he  may  choose,  that  each 
publisher  wishing  to  have  any  book  adopted  for  use  in  the  high  schools  of 
North  Carolina  shall  submit  six  copies  of  the  same  (of  his  regular,  standard 
edition)  to  the  state  superintendent  of  public  instruction,  together  with  a 
statement  in  writing  of  the  price  at  which  the  said  publisher  will  sell  such 
book  to  properly  constituted  high  school  authorities  in  the  state.  The  pub- 
lisher shall  quote  to  the  state  superintendent  of  public  instruction  the  whole- 
sale, retail,  and  exchange  prices  of  each  book  he  submits,  which  prices  shall 
not  be  higher  than  are  charged  for  the  same  book  in  any  other  state  adopting 
high  school  text-books  under  a  plan  similar  to  that  prescribed  in  this  article. 

1919,  c.  201,  s.  4  (1). 

5726.  State  committee  on  high  school  text-books;  duties;  reports  to  state 
superintendent.    The  state  superintendent  of  public  instruction  shall  appoint 
a  state  committee  on  high  school  text-books,  consisting  of  five  members,  who 
shall  serve  without  pay  except  reimbursement  out  of  the  state  treasury  upon 
the  requisition  of  the  state  superintendent  of  public  instruction  for  actual  ex- 
penses incurred  by  attendance  upon  meetings  of  the  committee  that  may  be 
called  by,  or  under  the  direction  of,  the  state  superintendent  of  public  in- 
struction ;  it  shall  be  the  duty  of  the  state  committee  on  high  school  text-books 
to  make  an  examination  of  each  book  submitted  by  any  publisher,  under  the 
provisions  of  this  article,  with  a  view  to  determining  whether  or  not  the  con- 
tents, quality,  and  price  of  said  book  are  such  as  to  make  it  suitable  and  de- 
sirable for  use  in  public  high  schools  of  this  state;  and  the  said  state  com- 
mittee on  high  school  text-books  shall,  every  four  years,  except  as  herein 
otherwise  provided,  submit  to  the  state  superintendent  of  public  instruction, 
on  or  before  the  first  day  of  January  of  each  year  within  which  county  adop- 
tions are  to  be  made,  a  report  of  its  findings  with  recommendations  as  to  the 
books  that  shall  be  placed  on  the  state  approved  list,  which  list  shall  consti- 
tute the  state  adopted  list  for  a  period  of  four  years,  except  as  herein  other- 
wise provided. 

1919,  c.   201,  s.  4  (2). 

5727.  State  superintendent  approves  list.     All  books  recommended  for 
use  in  the  public  high  schools  of  the  state  by  the  state  committee  on  high 
school  text-books  that  meet  with  the  approval  of  the  state  superintendent  of 
public  instruction  shall  then  be  placed  upon  the  state  list  of  approved  text- 


90  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAKOLINA 

books  at  the  prices  agreed  upon  under  contract  entered  into  by  him  with  the 
publisher  of  approved  high  school  text-books. 

1919,   c.  201,  s.  4  (3). 

5728.  State  superintendent  contracts  with  publishers.    The  state  superin- 
tendent of  public  instruction  shall  then  enter  into  a  contract  with  every  pub- 
lisher having  books  on  the  state  list  of  approved  high  school  text-books  to 
sell  such  books  to  the  properly  constituted  authorities  throughout  the  state 
in  the  manner  provided  for  in  this  article. 

1919,  c.  201,  s.  4  (4). 

5729.  Bond  of  Publishers.     Each  publisher  having  any  book  on  the  state 
list  of  approved  books  shall  file  with  the  state  superintendent  of  public  in- 
struction a  bond  payable  to  the  state  of  North  Carolina,  with  some  surety 
company  authorized  to  do  business  in  the  state,  as  surety  thereon,  in  a  sum 
to  be  determined  by  the  state  superintendent  of  public  instruction,  said  sum 
being  not  less  than  five  hundred  dollars  and  not  more  than  twenty-five  hun- 
dred dollars,  according  to  the  number  of  books  filed ;  the  bond  to  be  conditional 
as  follows: 

1.  That  the  publisher  will  furnish  any  of  the  books  at  the  price  and  under 
the  conditions  listed  in  his  contract  with  the  state  superintendent  of  public 
instruction  to  the  duly  constituted  high  school  authorities  of  the  state  during 
the  time  said  contract  is  continued  in  force. 

2.  That  the  price  of  any  book  or  books  shall  not  exceed  the  lowest  price  the 
publisher  has  made  elsewhere  in  the  United  States  under  a  plan  similar  to 
that  prescribed  in  this  article,  and  that  he  will  maintain  said  price  uniformly 
throughout  the  state  on  the  books  filed  and  approved  under  the  provisions  of 
this  article. 

3.  That  the  publisher  will  reduce  such  prices  automatically,  to  this  state 
whenever  reductions  are  made  elsewhere  in  the  United  States,  so  that  at  no 
time  shall  any  book  so  filed  and  approved  be  sold  to  the  high  school  authori- 
ties in  the  state  at  a  higher  net  price  than  is  received  for  any  such  book  else- 
where in  the  United  States,  and  that  upon  failure  or  refusal  of  any  publisher 
to  make  such  reduction,  his  contract  for  such  book  or  books  shall  become 
null  and  void,  and  his  bond  forfeited  in  whole  or  in  part  as  may  be  deter- 
mined to  be  just  and  equitable  by  the  state  superintendent  of  public  instruc- 
tion and  the  attorney-general. 

4.  That  all  books  on  the  state  list  of  approved  high  school  text-books  of- 
fered for  sale,  adoption,  or  exchange  in  the  state  shall  be  in  equal  quality 
to  those  filed  with  the  state  superintendent  of  public  instruction  as  regards 
paper,  binding,  printing,  illustration,  subject-matter,  and  all  other  particu- 
lars that  may  affect  the  value  of  such  books. 

5.  That  the  publishers  shall  not  enter  into  any  understanding,  agreement, 
or  combination  to  control  the  prices  or  restrict  competition  on  the  sale  of 
such  high  school  text-books  in  this  state. 

6.  That  such  bond  shall  be  approved  by  the  attorney-general,  and  shall  con- 
tinue in  force  for  a  period  of  not  less  than  five  years  and  not  more  than  six 
years  without  renewal  after  its  filing,  at  or  before  the  expiration  of  which 
period  a  new  bond  shall  be  given  or  the  right  of  selling  text-books  on  the 
state  list  of  approved  high  school  text-books  in  the  state  shall  be  forfeited. 

7.  That  if  any  publisher  shall  comply  with  the  foregoing  provisions  of  this 
act,  and  then  fail  or  refuse  to  furnish  any  book  or  books  to  the  duly  consti- 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  91 

tuted  high  school  authorities  of  any  county  upon  the  terms  herein  provided, 
said  school  authorities  shall  at  once  notify  the  state  superintendent  of  public 
instruction  of  such  failure  or  refusal,  who  shall  at  once  cause  an  investiga- 
tion of  such  charge  to  be  made. 

If  the  state  superintendent  shall  find  such  charge  to  be  true  he  shall  at 
once  notify  such  publisher  and  notify  the  superintendent  of  schools  of  each 
county  and  of  each  city  whose  schools  are  operated  under  special  charter, 
that  such  book  or  books  shall  not  thereafter  be  adopted  or  purchased  by  any 
of  the  public  high  school  authorities  of  the  state;  and  said  publisher  shall 
forfeit  and  pay  to  the  state  such  a  part  of  his  bond  as  may  be  determined 
to  be  equitable  and  just  by  the  state  superintendent  of  public  instruction  and 
attorney-general,  to  be  recovered  in  the  name  of  the  state  in  an  action  to  be 
brought  by  the  attorney-general  in  any  proper  court,  the  amount  when  col- 
lected to  be  paid  into  the  treasury  to  the  credit  of  the  state  public  school 
fund. 

1919,   c.  201,  s.  4  (5). 

5730.  Text-books  adopted  for  four  years;  exceptions.    The  county  board 
of  education  of  each  county  at  a  regular  meeting  held  between  the  first  day 
of  February  and  the  first  day  of  June  every  four  years,  beginning  with  the 
year  one  thousand  nine  hundred  and  twenty,  shall  act  upon  the  recommenda- 
tion of  the  county  committee  on  high  school  text-books,  and  shall  adopt  a  list 
of  high  school  text-books  recommended  by  the  said  committee,  under  the  pro- 
visions of  this  article,  to  be  used  in  the  county  for  the  next  four  years ;  and 
when  such  county  adoption  shall  have  been  made,  no  basal  book  or  books, 
except  those  on  the  list  adopted  for  use  in  the  public  high  schools  of  the 
county  for  the  next  four  years  period  from  the  time  of  an  adoption,  shall  be 
used  by  any  public  high  school  of  the  county ;  Provided,  that  in  adopting  text- 
books of  history  and  science,  the  committee  may  adopt  and  the  state  superin- 
tendent of  public  instruction  may  make  contracts  for  a  period  of  two  years. 

1919,  c.  201,  s.  5. 

5731.  Local  depositories  to  sell  books;  commission  allowed.     In  order  to 
facilitate  distribution,  sale,  and  exchange  of  high  school  text-books  adopted 
under  the  provisions  of  this  article,  in  each  county  the  county  board  of  edu- 
cation shall  provide  for  the  handling  of  such  books  through  such  local  de- 
positories or  agencies  in  the  county  as  it  may  deem  advisable  and  necessary; 
and  such  local  depositories  or  agencies  shall  be  responsible  to  the  county 
board  of  education  through  whom  all  orders  to  the  publishers  for  high  school 
text-books,  under  the  provisions  of  this  article,  shall  be  made,  except  as  is 
hereinafter  provided;   and  said  depositories  or  agencies  may  be  allowed  a 
commission  on  the  sale  of  high  school  text-books  not  to  exceed  fifteen  per 
cent  of  the  wholesale  price  of  the  books  as  agreed  upon  by  contract  entered 
into  by  the  state  superintendent  of  public  instruction  with  the  publishers  of 
approved  high  school  text-books;  and  any  depository  or  agency  that  shall 
charge  a  higher  price  than  fifteen  per  cent  in  addition  to  the  wholesale  con- 
tract price  shall  be  deprived  of  the  right  to  handle  any  high  school  text-books 
adopted  under  the  provisions  of  this  article.    Nothing  in  this  article  shall  be 
construed  to  prevent  the  high  school  officials  of  any  school  or  school  system 
operated  under  a  special  charter  from  placing  their  orders  directly  with  the 
publishers. 

1919,  c.  201,  s.  6. 


92  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

5732.  Students  removing  from  county  may  sell  books;  resale.     When  a 
pupil  in  any  public  high  school  of  one  county  removes  to  another  county  and 
enters  a  high  school  in  that  county  and  has  regularly  adopted  high  school 
text-books  not  used  in  the  high  schools  of  such  other  county,  and  wishes  to 
dispose  of  them  the  county  board  of  education  in  the  county  from  which  he 
removes,  if  requested  to  do  so,  shall  purchase  through  any  of  its  depositories 
or  agencies,  such  books  at  a  fair  valuation  thereof,  depending  on  the  condition 
of  the  book,  and  shall  provide  for  reselling  them  to  other  pupils  at  a  profit 
not  exceeding  fifteen  per  cent. 

1919,  c.  201,  s.  7. 

5733.  State  superintendent  may  make  additional  rules  if  necessary.    The 

state  superintendent  of  public  instruction  may  make  such  additional  rules 
and  regulations  as  he  may  deem  necessary  to  carry  out  more  effectively  the 
provisions  of  this  article  and  to  facilitate  the  handling  of  high  school  text- 
books :  Provided,  that  all  such  rules  and  regulations  as  he  may  make  shall  be 
in  conformity  with  the  provisions  of  this  article. 

1919,  c.  201,  s.  8. 

5734.  Only  disinterested  persons  to  act  in  selection.     It  shall  be  a  mis- 
demeanor for  any  person  to  serve  in  any  capacity  in  the  selection  of  text- 
books for  approved  lists  who  is  connected  in  any  way  with  the  production  or 
sale  of  high  school  text-books. 

1919,  c.   201,  s.   9. 

ART.  43.  FURNISHING  TEXT-BOOKS  BY  SCHOOL  BOARDS 

5735.  Rental  of  text-books.    The  county  board  of  education  or  the  board 
of  trustees  of  any  local  tax  district  or  special  chartered  district  is  hereby 
authorized  to  provide  depositories  for  public  school  text-books  and  to  rent 
such  books  to  the  children  of  any  school  district  at  a  rental  price  not  to  ex- 
ceed fifty  per  cent  of  the  publisher's  contract  price  with  the  state ;  and  wher- 
ever books  are  rented  that  have  not  been  contracted  for  by  the  state,  the 
rental  price  shall  not  exceed  fifty  per  cent  of  the  publisher's  list  prices. 

1919,  c.  134,  s.  1. 

5736.  County  and  local  boards  to  make  rules;  to  use  incidental  expense 
fund.    The  county  board  of  education  or  the  board  of  trustees  of  any  local 
tax  district  or  special  chartered  district  is  hereby  authorized  to  make  all 
needful  rules  and  regulations  governing  the  rental  of  public  school  text-books 
and  to  apply  any  funds  of  the  incidental  expense  fund  remaining  to  the  credit 
of  the  county  or  the  special  chartered  district  to  the  purpose  of  this  article : 
Provided,  that  before  any  amount  is  appropriated  from  this  fund  for  these 
purposes  provision  shall  be  made  for  all  needful  expenses  of  said  schools. 

1919,   c.   134,   s.   2. 

5737.  Books  for  indigent  children.     County  boards  of  education  or  the 
board  of  trustees  any  local  tax  district  may  set  aside  an  amount  not  to  ex- 
ceed $100  from  the  incidental  expense  fund  to  be  used  in  purchasing  public 
school  text-books,  to  be  used  in  the  manner  designated,  namely,  that  when 
it  shall  appear  that  the  education  of  any  child  is  limited  because  of  the  ina- 
bility of  said  child  to  purchase  necessary  text-books   or  to  pay  the  rental 
price,  said  board  or  boards  may  loan  free  of  cost  all  necessary  books  to  any 
such  child  during  the  term  of  the  school,  subject  to  rules  and  regulations  by 
the  county  board  of  education  or  the  board  of  trustees  of  any  local  tax  dis- 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  93 

trict  or  special  chartered  school,  and  approved  by  the  state  superintendent  of 
public  instruction. 

1919,  c.  134,  s.  3. 

5738.  Limitation  as  to  funds;  effect  of  article.     No  contract  made  for 
books  or  for  service  in  executing  the  provisions  of  this  article  shall  make  any 
part  of  the  state  public  school  fund  liable  save  that  specified  in  the  two  pre- 
ceding sections,  nor  shall  any  section  of  this  article  be  construed  so  as  to 
abridge  in  any  way  the  text-book  system  now  operated  by  any  school  committee 
or  local  board. 

1919,  c.   134,  s.   4. 

5739.  State  superintendent  to  inform  local  school  authorities.    The  state 
superintendent  of  public  instruction  is  hereby  requested  to  inform  superinten- 
dents of  county  and  all  local  tax  schools  of  the  provisions  of  this  article. 

1919,  c.  134,  s.  5. 


SUBCHAPTEK  VIII.     SCHOOL  CENSUS  AND  HEALTH 

ART.  44.     SCHOOL  CENSUS 

5740.  School  committee  to  report  annually  to  county  superintendent;  con- 
tents of  reports.     The  school  committee  of  each  township  or  district  must 
furnish  annually  to  the  county  superintendent  of  schools  a  census  report  of 
all  the  children  in  the  township  or  district  of  school  age,  by  name,  age,  date 
of  birth,  sex,  and  race,  and  the  names  of  their  parents  or  guardians. 

The  census  report  shall  show  also  the  number  of  children  of  compulsory 
attendance  age,  and  the  committee  shall  furnish  the  attendance  officer  a  sepa- 
rate list  of  all  children  subject  to  compulsory  attendance,  containing  the  name, 
age,  date  of  birth,  sex,  and  race  of  each,  and  the  names  of  their  parents  or 
guardians. 

There  shall  also  be  reported  by  race  and  sex  the  number  and  names  of  all 
persons  between  the  ages  of  twelve  and  twenty-one  who  cannot  read  and 
write,  and  the  number  and  names,  by  race  and  sex,  of  all  persons  over  twenty- 
one  years  of  age  who  cannot  read  and  write. 

There  shall  also  be  reported,  by  race  and  sex,  the  number  and  names  of 
deaf  and  dumb  and  blind  children  between  the  ages  of  six  and  twenty-one 
years  of  age,  and  the  names  and  addresses  of  their  parents  or  guardians. 

Rev.,  s.  4148;  1911,  c.  135,  s.  1  (d)  ;  1915,  c.  236,  s.  1  (f)  ;  1919,  c.  254,  s.  13. 

5741.  County  superintendent  to  furnish  blanks;  time  for  returning  report. 

The  blanks  upon  which  the  reports  of  the  committee  are  to  be  made  shall  be 
furnished  to  the  various  committees  by  the  county  superintendent  at  least  two 
weeks  prior  to  the  beginning  of  the  school  term  in  each  district,  and  the  re- 
port, duly  sworn  to  by  the  person  taking  the  census,  and  signed  and  approved 
by  the  members  of  the  committee,  shall  be  returned  to  the  county  superinten- 
dent on  or  before  the  first  day  of  the  school  term  of  each  school  year. 

Rev.,  s.  4148;  1911,   c.   135,  s.   1  (d)  ;  1915,   c.  236,  s.   1  (f). 

5742.  Committee  to  designate  census  taker.    The  school  committee  may 
designate  one  of  the  teachers,  or  some  other  competent  person  in  each  school 
district,  to  take  the  census. 

Rev.,  s.  4148;  1911,  c.  135,  s.  1  (d)  ;  1915,  c.  236.  s.  1  (f). 


94  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

5743.  Compensation  of  census  taker.    The  committeemen,  or  other  person 
taking  the  census,  shall  be  allowed  a  sum  not  exceeding  three  cents  per  name 
for  all  names  reported  between  the  ages  of  six  and  twenty-one. 

Rev.,  s.  4148;  1911,  c.   135,  s.   1  (d)  ;  1915,  c.   236,  s.   1  (f). 

5744.  Committee  to  furnish  copy  to  teacher;  teacher  to  record.    The  com- 
mittee shall  furnish  to  the  teacher  at  the  opening  of  the  school  year  a  copy  of 
the  census  furnished  to  the  county  superintendent,  which  shall  be  recorded  by 
the  teacher  in  the  school  register.     The  census  record  entered  in  the  register 
shall  show  the  name,  age,  date  of  birth,  and  sex  of  each  child  of  school  age 
in  that  district,  together  with  the  names  and  addresses  of  the  parents  or 
guardians. 

Rev.,  s.  4148;  1911,  c.  135,  s.  1  (d)  ;  1915,   c.  236,  s.  1  (f)  ;  1919,   c.  254,  s.   13. 

5745.  Committee  failing  to  comply  with  provisions  of  article  removed. 

Any  committee  failing  to  comply  with  the  provisions  of  this  article,  without 
just  cause,  shall  be  subject  to  removal. 

Rev.,  s.  4148;  1911,  c.   135,  s.   1  (d)  ;  1915,   c.   236,  s.   1  (f). 

5746.  Making  false  returns  misdemeanor.    If  any  person  who  is  a  mem- 
ber of  the  school  committee  of  any  district,  as  such,  shall  knowingly  and  wil- 
fully take  false  or  inaccurate  census,  or  make  a  false  or  inaccurate  return  or 
report  to  the  county  superintendent  of  public  instruction  of  the  number  of 
children  in  his  district  between  the  ages  of  six  and  twenty-one  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
and  imprisoned  at  the  discretion  of  the  court. 

Rev.,  s.   3836;  1889,  c.  353. 

ART.   45.       PHYSICAL   EXAMINATION   OF   PUPILS 

5747.  State  board  of  health  and  state  superintendent  to  make  rules  for 
physical  examination.    It  shall  be  the  duty  of  the  state  board  of  health  and 
the  state  superintendent  of  public  instruction  to  prepare  and  distribute  to  the 
teachers  in  all  public  schools  of  the  state  instructions  and  rules  and  regula- 
tions for  the  physical  examination  of  pupils  attending  the  public  schools. 

1919,   c.   192,  s.   1. 

5748.  Teachers  to  make  examinations;  state  covered  every  three  years. 

Upon  receipt  of  such  instructions,  rules,  and  regulations,  it  shall  be  the  duty 
of  every  teacher  in  the  public  schools  to  make  a  physical  examination  of 
every  child  attending  the  school  and  enter  on  cards  and  official  forms  fur- 
nished by  the  state  board  of  health  a  record  of  such  examination.  The  ex- 
amination shall  be  made  at  the  time  directed  by  the  state  board  of  health 
and  the  state  superintendent  of  public  instruction,  but  every  child  shall  be 
examined  at  least  once  every  three  years.  The  state  board  of  health  and  the 
state  superintendent  of  public  instruction  shall  so  arrange  the  work  as  to 
cover  the  entire  state  once  every  three  years. 

1919,  c.  192,  8.  2. 

5749.  Record  cards  transmitted  to  state  board  of  health;  punishment  for 
failure.    The  teacher  shall  transmit  the  record  cards  and  other  blank  forms 
made  by  him  or  her  to  the  North  Carolina  state  board  of  health,  and  if  any 
teacher  fails  within  sixty  days,  after  receiving  the  aforesaid  forms  and  re- 
quests for  examination  and  report,  to  made  such  examination  and  report  as 
herein  provided,  the  teacher  shall  be  guilty  of  a  misdemeanor  and  subject 


PUBLIC  SCHOOL  LAW  or  NORTH  CAROLINA 


95 


to  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars  or  thirty 
days  in  prison. 

1919,  c.   192,  s.  3. 

5750.  Disposition  of  records;  reexamination  of  pupils.    The  North  Caro- 
lina state  board  of  health  shall  have  the  records  filed  by  the  teacher  care- 
fully studied  and  classified,  and  shall  notify  the  parent  or  guardian  of  every 
child  whose  card  shows  a  serious  physical  defect  to  bring  such  child  before 
an  agent  of  the  state  board  of  health  on  some  day  designated  by  the  state 
board  of  health  between  the  hours  of  nine  a.m.  and  five  p.m.  for  the  purpose 
of  having  said  child  thoroughly  examined ;  and  if,  upon  receipt  of  such  no- 
tice, any  parent  or  guardian  shall  fail  or  refuse  to  bring  said  child  before 
the  agent  of  the  state  board  of  health  without  good  cause  shown,  he  shall 
be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days :     Provided, 
that  the  distance  the  child  must  be  carried  shall  not  exceed  ten  miles. 

No  pupil  or  minor  shall  be  compelled  to  submit  to  medical  examination  or 
treatment  whose  parent  or  guardian  objects  to  the  same.  Such  objection 
may  be  made  by  a  written  and  signed  statement  delivered  to  the  pupil's 
teacher  or  to  any  person  who  might  conduct  such  examination  or  treatment 
in  the  absence  of  such  objection. 

1919,  c.   192,  s.  4. 

5751.  Treatment  of  pupils;  expenses.    Within  thirty  days  after  the  com- 
pletion of  the  examination  of  the  children  by  the  agent  of  the  state  board 
of  health,  and  after  written  statement  of  the  proper  authority  hereinafter 
designated,  a  sum  not  exceeding  ten  dollars  per  hundred  children  enrolled 
in  the  county  or  city  shall  be  paid  to  the  state  board  of  health  to  be  used 
exclusively  for  the  purpose  of  treating  school  children  for  defects  other  than 
dental,  the  same  to  be  paid  by  the  county  commissioners  of  the  county,  and 
in  cities  or  towns  having  a  separate  school  system,  to  be  paid  by  the  city 
manager,  city  council,  city  board  of  aldermen,  or  city  commissioners.     Any 
funds  so  paid  and  not  needed  in  enforcing  the  provisions  of  this  article  shall 
be  returned  to  the  county  or  city  from  which  it  was  received. 

1919,   c.   192,   s.   5. 

5752.  Free  dental  treatment;  appropriation.    For  the  purpose  of  provid- 
ing free  dental  treatment  for  as  many  children  as  possible  each  year,  and  to 
aid  the  state  board  of  health  in  making  the  examinations  as  provided  for  in 
this  article,  a  special  appropriation  not  to  exceed  fifty  thousand  dollars  per 
annum  shall  be  set  aside  from  the  state  public  school  fund,  and  shall  be  paid 
by  the  treasurer  of  the  State  of  North  Carolina  on  properly  signed  requisition 
forms  to  the  treasurer  of  the  North  Carolina  state  board  of  health. 

1919,  cc.   102,  s.   14;  192,  s.   6. 


ART.  46.     SCHOOL  PRIVIES 

5753.  County  Board  to  provide  privies.  In  each  county  the  county  board 
of  education  shall  provide,  under  rules  and  regulations  to  be  made  by  the 
state  board  of  health  and  approved  by  the  state  superintendent  of  public  in- 
struction, two  privies  at  each  public  schoolhouse,  one  for  boys  and  one  for 
girls. 

1919,  c.  213,  s.   1. 


96  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

5754.  Payment  for  privies.     Privies  shall  be  considered  an  essential  and 
necessary  part  of  the  equipment  of  each  public  school,  and  may  be  paid  for 
in  the  same  manner  as  desks  and  other  essential  equipment  of  the  school. 

1919,   c.   213,  s.   1. 

5755.  Time  allowed  for  installation.    At  least  twenty-five  per  cent  of  the 
schools  of  each  county  shall  have  the  privies  herein  required,  provided  on  or 
before   September  first,  one  thousand  nine  hundred  and  nineteen,  a  second 
twenty-five  per  cent  on  or  before  September  first,  one  thousand  nine  hundred 
and  twenty,  a  third  twenty-five  per  cent  on  or  before  September  first,  one 
thousand  nine  hundred  and  twenty-one,  and  the  balance  on  or  before  Sep- 
tember first,  one  thousand  nine  hundred  and  twenty-two. 

1919,  c.  213,  s.  1. 

5756.  Failure  to  provide  privies  a  misdemeanor.     The  county  superin- 
tendent of  public  instruction  and  the  county  board  of  education  of  each  county 
are  hereby  charged  with  the  execution  of  the  provisions  of  this  article,  and 
failure  to  fully  and  completely  execute  it  shall  be  a  misdemeanor  and  sub- 
ject the  several  members  of  the  board  and  the  county  superintendent  to  a 
fine  or  imprisonment,  or  both,  in  the  discretion  of  the  court. 

1919,   c.   213,  s.   1. 

5757.  Privies  to  be  kept  sanitary.     The  local  district  or  township  com- 
mitteemen  are  hereby  required  to  keep  the  privies  provided  for  in  this  arti- 
cle in  a  sanitary  condition,  and  shall  be  governed  in  this  particular  by  rules 
and  regulations  to  be  prepared  by  the  state  board  of  health  with  the  approval 
of  the  state  superintendent  of  public  instruction. 

Failure  of  the  committeemen  to  keep  privies  at  public  schoolhouses  in  pro- 
per sanitary  condition  under  the  rules  and  regulations  aforesaid  shall  be 
considered  a  misdemeanor  and  shall  subject  them  severally  and  personally 
to  fine  or  imprisonment,  or  both,  in  the  discretion  of  the  court. 

1919,  c.  213,  s.  2. 


SUBCHAPTEK  IX.     COMPULSORY  ATTENDANCE  ON 

SCHOOLS 

ART.    47.     GENERAL    COMPULSORY    ATTENDANCE    LAW 

5758.  Parent  or  guardian  required  to  keep  child  in  school;  exemptions. 

Every  parent,  guardian,  or  other  person  in  the  state  having  charge  or  control 
of  a  child  between  the  ages  of  eight  and  fourteen  years  shall  cause  such 
child  to  attend  school  continuously  for  a  period  equal  to  the  time  which  the 
public  school  in  the  district  in  which  the  child  resides  shall  be  in  session. 
The  principal,  superintendent,  or  teacher  who  is  in  charge  of  such  school 
shall  have  the  right  to  excuse  the  child  from  temporary  attendance  on  account 
of  sickness  or  distance  of  residence  from  the  school,  or  other  unavoidable 
cause  which  does  not  constitute  truancy  as  defined  by  the  state  board  of  edu- 
cation. 

1919,  c.   100,  s.  1. 

5759.  State  board  of  education  to  make  rules  and  regulations ;  method  of 
enforcement.     It  shall  be  the  duty  of  the  state  board  of  education  to  formu- 
late such  rules  and  regulations  as  may  be  necessary  for  the  proper  enforce- 
ment of  the  provisions  of  this  article.     The  board  shall  prescribe  what  shall 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  97 

constitute  truancy,  what  causes  may  constitute  legitimate  excuses  for  tem- 
porary nonattendance  due  to  physical  or  mental  inability  to  attend,  and  un- 
der what  circumstances  teachers,  principals,  or  superintendent  may  excuse 
pupils  for  nonattendance  due  to  immediate  demands  of  the  farm  or  the  home 
in  certain  seasons  of  the  year  in  the  several  sections  of  the  state.  It  shall 
be  the  duty  of  all  school  officials  to  carry  out  such  instructions  from  the  state 
board  of  education,  and  any  school  official  failing  to  carry  out  such  instruc- 
tions shall  be  guilty  of  a  misdemeanor :  Provided,  that  the  preceding  section 
shall  not  be  in  force  in  any  city  or  county  that  has  a  higher  compulsory  at- 
tendance law  now  in  force  than  that  provided  herein ;  but  in  any  such  case 
it  shall  be  the  duty  of  the  state  board  of  education  to  investigate  the  same 
and  decide  that  any  such  law  now  in  force  has  a  higher  compulsory  attend- 
ance feature  than  that  provided  by  this  article:  Provided,  that  wherever 
any  district  is  without  adequate  buildings  for  the  proper  enforcement  of  this 
article  the  county  boards  of  education  may  be  allowed  not  more  than  two 
years  from  July  the  first,  one  thousand  nine  hundred  and  nineteen,  to  make 
full  and  ample  provisions  in  every  district. 

1919,  c.  100,  s.  2a. 

5760.  Attendance  officers;  reports;  prosecutions.    The  state  superintend- 
ent of  public  instruction  shall  prepare  such  rules  and  procedure  and  furnish 
such  blanks  for  teachers  and  other  school  officials  as  may  be  necessary  for 
reporting  each  case  of  truancy  or  lack  of  attendance  to  the  chief  attendance 
officer  referred   to  in   this   article.     Such   rules   shall   provide,   among   other 
things,  for  a  notification  in  writing  to  the  person  responsible  for  the  non- 
attendance  of  any  child,  that  the  case  is  to  be  reported  to  the  chief  attend- 
ance officer   of   the  county   unless   the   law   is   immediately    complied   with. 
County  boards  of  education  and  governing  bodies  of  city  schools  shall  have 
the  right  to  appoint  town  or  district  attendance  officers   when  deemed  by 
them  necessary,  to  assist  in  carrying  out  the  provisions  of  this  article,  and 
the  rules  and  instructions  which  may  be  promulgated  by  the  state  superin- 
tendent of  public  instruction.     But  in  every  case  in  which  it  becomes  neces- 
sary to  prosecute  for  nonattendance  the  case  shall  be  referred  to  the  chief 
attendance  officer  of  the  county  for  further  action :    Provided,  that  in  towns 
or  cities  having  special  attendance  officers  paid  out  of  town  or  city  funds 
said   officers   shall  have   full   authority   to   prosecute  for  violations   of   this 
article. 

1919,  c.  100,  s.  4. 

NOTE. — The  county  superintendent  of  public  welfare  is  chief  attendance  officer,  s.   5017. 

5761.  Violation  of  law;  penalty.    Any  parent,  guardian,  or  other  person 
violating  the  provisions  of  this  article  shall  be  guilty  of  a.  misdemeanor,  and 
upon  conviction  shall  be  liable  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars,  and  upon  failure  or  refusal  to  pay  such  fine,  the 
said   parent,   guardian   or   other   person   shall   be  imprisoned   not  exceeding 
thirty  days  in  the  county  jail. 

1919,  c.   100,  s.  2. 

5762.  Investigation   and   prosecution  by   county   superintendent  and  at- 
tendance officer.    The  county  superintendent  of  public  welfare  or  chief  school 
attendance  officer  or  truant  officer  provided  for  by  law  shall  investigate  and 
prosecute  all  violators  of  the  provisions  of  this  article. 

1919,  c.  100,  s.  3. 

7 


98  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

ART.  48.     COMPULSORY  ATTENDANCE  OF  INDIGENT  CHILDREN 

5763.  Investigation  as  to  indigency  of  child.     If  affidavit  shall  be  made 
by  the  parent  of  a  child  or  by  any  other  person  that  any  child  between  the 
ages  of  eight  and  fourteen  years  is  not  able  to  attend  school  by  reason  of 
necessity  to  work  or  labor  for  the  support  of  itself  or  the  support  of  the 
family,  then  the  attendance  officer  shall  diligently  inquire  into  the  matter 
and  bring  it  to  the  attention  of  some  court  allowed  by  law  to  act  as  a  juv- 
enile court,  and  said  court  shall  proceed  to  find  whether  as  a  matter  of  fact 
such  parents,  or  persons  standing  in  locus  parentis  are  unable  to  send  said 
child  to  school  for  the  term  of  compulsory  attendance  for  the  reasons  given. 
If  the  court  shall  find,  after  careful  investigation,  that  the  parents  have  made 
or  are  making  a  bona  fide  effort  to  comply  with  the  compulsory  attendance 
act,  and  by  reason  of  illness,  lack  of  earning  capacity,  or  any  other  cause 
which  the  court  may  deem  valid  and  sufficient,  are  unable  to  send  said  child 
to  school,  then  the  court  shall  find  and  state  what  help  is  needed  for  the 
family  to  enable  the  attendance  law  to  be  complied  with.     The  court  shall 
transmit  its  findings  to  the  county  board  of  education  of  the  county  or,  in 
cities,  to  city  school  board  in  which  the  case  may  arise. 

1919,  c.  150. 

5764.  Aid  to  indigent  child.    The  county  board  of  education  shall  in  its 
discretion  order  aid  to  be  given  the  family  from  the  incidental  expense  fund 
of  the  county  school  budget  to  an  extent  not  to  exceed  ten  dollars  per  month 
for  such  child  during  the  continuance  of  the  compulsory  term ;  and  shall  at 
the  same  time  require  said  officer  to  see  that  the  money  is  used  for  the  pur- 
pose for  which  it  is  appropriated  and  to  report  from  time  to  time  whether 
it  shall  be  continued  or  withdrawn.     And  the  county  board  of  education  is 
hereby  authorized  in  making  out  the  county  budget  to  provide  a  sum  to  meet 
the  provisions  of  this  article. 

1919,  c.  150. 

ART.  49.     COMPULSORY  ATTENDANCE  OF  DEAF  CHILDREN 

5765.  Deaf  children  to  attend  school;  age  limits;  minimum  attendance. 

Every  deaf  child  of  sound  mind  in  North  Carolina  shall  attend  a  school  for 
the  deaf  at  least  five  school  terms  of  nine  months  each,  between  the  ages  of 
eight  and  fifteen  years.  The  parents,  guardians,  or  custodians  of  such  child 
or  children  between  the  ages  of  eight  and  fifteen  years  shall  send,  or  cause 
to  be  sent,  such  child  or  children  to  some  school  for  the  instruction  of  the 
deaf,  at  least  five  terms  or  sessions  of  nine  months  each,  between  said  ages. 

1907,  c.  1007,  ss.  1,  2 ;  1915,  c.  14. 

5766.  Parents,   etc.,   failing   to   send   to   school   guilty   of   misdemeanor; 
provisos.    The  parents,  guardians,  or  custodians  of  any  deaf  children  between 
the  ages  of  eight  and  fifteen  years  failing  to  send  such  deaf  child  or  children 
to  some  school  for  instruction,  as  provided  in  this  article,  shall  be  guilty  of 
:a  misdemeanor,  and  upon  conviction  shall  be  fined  or  imprisoned,  at  the  dis- 
cretion of  the  court,  for  each  year  said  deaf  child  is  kept  out  of  school,  be- 
tween the  ages  herein  provided:     Provided,   (1)   that  parents,  guardians,  or 
custodians  may  elect  two  years  between  the  ages  of  eight  and  fifteen  years 
that  a  deaf  child  or  children  may  remain  out  of  school;  and   (2)   that  this 
section  shall  not  apply  to  or  be  enforced  against  the  parent,  guardian,  or  cus- 
todian of  any  deaf  child  until  such  time  as  the  superintendent  of  any  school 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  99 

for  the  instruction  of  the  deaf,  by  and  with  the  approval  of  the  executive 
committee  of  such  institution,  shall  in  his  and  their  discretion  serve  written 
notice  on  such  parent,  guardian,  or  custodian,  directing  that  such  child  be 
sent  to  the  institution  whereof  they  have  charge. 

1907,  c.  1007,  s.  3;  1915,  c.  14. 

5767.  Duties  of  census  taker  and  county  superintendent.    It  shall  be  the 
duty  of  the  school  census  taker  to  report  name,  age,  and  sex  of  each  deaf 
child  in  his  district,  and  name  of  parents,  guardians,  or  custodians  and  their 
postoffice  address  to  the  county  superintendent  of  education,  who  shall  send 
said  report  of  names  and  addresses  to  the  superintendent  of  the  North  Car- 
olina  School  for  the  Deaf  located  at  Morganton,  N.   C.     Upon  the  failure 
of  the  census  taker  or  county  superintendent  to  make  such  reports  he  shall  be 
fined  five  dollars  for  each  white  deaf  child  not  so  reported. 

1907,  c.  1007,  s.  4;  1915,  c.   14. 

5768.  Fines  to  school  fund.     All  fines  provided  in  this  article,  when  col- 
lected, shall  be  paid  to  the  public  school  fund  of  the  county  in  which  such 
deaf  child  lives. 

1907,  c.  1007,  s.  5. 

ART.  50.  COMPULSORY  ATTENDANCE  OF  BLIND  CHILDREN 

5769.  Blind  children  to  attend  school;  age  limits;  minimum  attendance. 

Every  blind  child  of  sound  mind  and  body  living  in  the  state  of  North  Car- 
olina shall  attend  the  State  School  for  the  Blind  and  the  Deaf  at  Raleigh,  or 
some  similar  school  for  the  education  of  the  blind,  for  a  term  of  nine  months 
each  year,  between  the  ages  of  seven  and  seventeen  years.  The  term  "blind 
child"  is  to  be  construed  as  meaning  any  child  whose  sight  is  so  defective  as 
to  make  it  impracticable  to  obtain  an  education  in  schools  for  the  seeing. 
The  parents,  guardians,  or  custodians  of  any  blind  child  or  children  between 
the  ages  of  seven  and  seventeen  years  shall  send,  or  cause  to  be  sent,  such 
child  or  children  to  some  school  for  the  instruction  of  the  blind  at  least  eight 
sessions  of  nine  months  each. 

Ex.  Sess.  1908,  c.  141,  ss.  1.  2. 

5770.  Parents,  etc.,  failing  to  send  guilty  of  misdemeanor;  provisos.    The 

parents,  guardians,  or  custodians  of  any  blind  child  or  children  between  the 
ages  of  seven  and  seventeen  years  failing  to  send  such  child  or  children  to 
some  school  for  the  instruction  of  the  blind  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  or  imprisoned,  at  the  discretion  of  the 
court,  for  each  year  that  such  child  or  children  shall  be  kept  out  of  school 
between  the  ages  specified:  Provided,  (1)  that  this  section  shall  not  be  en- 
forced against  the  parents,  guardians,  or  custodians  of  any  blind  child  iintil 
such  time  as  the  authorities  of  some  school  for  the  instruction  of  the  blind 
shall  serve  written  notice  on  such  parents,  guardians,  or  custodians,  direct- 
ing that  such  child  be  sent  to  the  school  whereof  they  have  charge;  and  (2) 
that  the  authorities  of  the  State  School  for  the  Blind  and  the  Deaf  shall  not 
be  compelled  to  retain  in  their  custody  or  under  their  instruction  any  incor- 
rigible person  or  persons  of  confirmed  immoral  habits. 

Ex.  Sess.  1908,  c.  141,  s.  3. 

5771.  Duties  of  census  taker  and  county  superintendent.    It  shall  be  the 
duty  of  the  school  census  taker  to  report  name,  age,  and  sex  of  each  blind 


100  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

child  in  his  district,  and  names  of  parents,  guardians,  or  custodians  and  their 
postoffice  addresses  to  the  county  superintendent  of  education,  who  shall  send 
said  report  of  names  and  addresses  to  the  superintendent  of  the  State  School 
for  the  Blind  and  the  Deaf  at  Raleigh,  N.  C.  Upon  the  failure  of  the  census 
taker  or  county  superintendent  to  make  such  reports,  he  shall  be  fined  live 
dollars  for  each  blind  child  not  so  reported. 

Ex.  Sess.  1908,  c.  141,  s.  4. 

5772.  Fines  to  school  fund.     All  fines  provided  in  this  article,  when  col- 
lected, shall  be  paid  to  the  public  school  fund  of  the  county  in  which  such 
blind  child  lives. 

Ex.  Sess.  1908,  c.  141,  s.  5. 

5773.  Sheriffs  to  enforce  law.    The  sheriffs  of  the  various  counties  of  the 
state  of  North  Carolina  shall  be  required  to  enforce  the  provisions  of  this 
article  in  all  cases  of  blind  children  reported  to  them  by  the  superintendent 
of  the  State  School  for  the  Blind  and  Deaf.     And  they  shall  have  authority 
to  reimburse  themselves  for  such  services  and  expense  as  are  entailed  upon 
them  in  executing  the  provisions  of  this  article. 

1917,  cc.  20,  254,  s.  1. 

5774.  Superintendent  of  school  for  blind  to  have  free  transportation  to 
enforce  law.    In  order  to  aid  the  superintendent  of  the  State  School  for  the 
Blind  and  Deaf  in  securing  the  attendance  of  blind  children  upon  the  school, 
the  various  railroads  operating  in  the  state  of  North  Carolina  may  grant 
him  transportation  without  charge. 

1917,  cc.  20,  254,  s.  1. 


SUBCHAPTEK  X.     COMMERCIAL  SCHOOLS 

ART.  51.     COMMERCIAL  SCHOOLS 

5775.  Licenses  for  commercial  schools.     Before  any  business  college  or 
commercial   school   shall   receive  or   solicit   students,   or   open   any  business 
school  for  the  purpose  of  giving  instruction  in  this  state,  said  school  or  col- 
lege shall  first  secure  a  license  from  the  state  board  of  examiners  to  the  ef- 
fect that  it  has  complied  with  the  requirements  of  this  act,  which  license 
shall  be  issued  by  the  state  board  of  examiners  upon  the  payment  of  an  annual 
fee  of  ten  dollars. 

1915,  c.  276,  s.  1. 

5776.  Report  to  be  filed  before  license.    Before  any  such  business  college 
or  commercial  school  shall  be  entitled  to  receive  such  license  it  shall  file  with 
the  state  board  of  examiners  a  report  setting  forth: 

1.  That  it  is  the  owner  or  lessee  of  suitable  building  or  rooms  for  the  con- 
duct of  its  work. 

2.  That  it  has  acquired  suitable  equipment  for  the  courses  given  by  the 
school. 

3.  That  the  said  school  has  secured  a  faculty  of  teachers  whose  training 
has  not  been  less  than  that  required  of  teachers  engaged  in  similar  work  in 
public  schools  of  the  state. 

4.  That  said  school  or  college  has  adopted  an  approved  course  of  study 
which  includes  at  least  the  following  subjects:  bookkeeping,  commercial  law, 
commercial   arithmetic,    English,   commercial   correspondence,    business    writ- 
ing, shorthand  and  typewriting. 


PUBLIC  SCHOOL  LAW  OF  WOKTH  CAKOLINA  101 

5.  The  owner  and  manager  of  such  school  or  college  shall  further  file  a 
certificate  signed  by  the  county  superintendent  of  public  j  instruction  and  the 
chairman  of  the  county  board  of  education  of  the  county  -is'  wbioh  the',  s£l}6ol 
is  situated,  to  the  effect  that  the  owner  or  manager  of  such  school  or,  college, 
after  investigation,  has  shown  satisfactory  evidence  tft  his  br  hei;  ^^etensy 
and  good  moral  character  for  fair  and  honest  dealings  with  their  students 
and  the  public. 

1915,  c.  276,  a.  2. 

5777.  Advertising  literature  to  be  filed.    The  institutions  securing  license 
under  this  article  shall  file  with  the  state  board  of  examiners  copies  of  all 
advertising  literature,  including  catalogue,  pamphlets,  circulars,  etc.,  and  an 
annual  report  on  or  before  the  first  day  of  July  of  each  year. 

1915,  c.  276,  s.  3. 

5778.  Conducting  school  without  license  misdemeanor.     Any  person  who 
shall  open  or  conduct  any  business  college  or  commercial  school  within  this 
state  without  having  first  procured  the  license  herein  provided  for  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  or  im- 
prisoned at  the  discretion  of  the  court. 

1915,  c.  276,  s.  4. 

5779.  Blanks  for  reports  and  licenses;  disposition  of  license  tax.     The 

superintendent  of  public  instruction  is  authorized  to  furnish  all  necessary 
blanks  for  reports  and  licenses  provided  for  under  the  provisions  of  this  ar- 
ticle, and  all  funds  received  from  the  license  tax  herein  provided  for  shall  be 
paid  to  the  state  treasurer  for  the  expenses  of  the  state  board  of  examiners. 

1915,  c.  276,  s.  5. 

5780.  Application  of  article.    The  provisions  of  this  article  shall  apply 
to  all  existing  chartered  business  colleges  and  commercial  schools  and  all 
other  business  colleges  and  commercial  schools  now  conducted  or  to  be  here- 
after conducted  in  this  state. 

1915,  c.  276,  s.  6. 


CONSTRUCTIONS 


OF  THE 


PUBLIC  SCHOOL   LAWS 


OF 


NORTH  CAROLINA 


BY  THE 


STATE    SUPERINTENDENT    OF 
PUBLIC   INSTRUCTION 


"The  County  Board  of  Education  and  all  other  school  officers  in  the  sev- 
eral counties  shall  obey  the  instructions  of  the  State  Superintendent  and 
accept  his  constructions  of  the  school  law."  ( Section  5392,  chapter  95,  Consoli- 
dated Statutes  of  North  Carolina. ) 


STATE  SUPERINTENDENT'S  CONSTRUCTION  OF  THE  COMPULSORY 

ATTENDANCE  ACT 

1.  The  State  Superintendent  Has  No  Authority  to  allow  a  parent  or  guard- 
ian to  teach  a  child  at  home  in  lieu  of  sending  such  child  to  school,  according 
to  the  compulsory  school  law.     (September  8,  1913.) 

2.  Attendance  Officer  may  serve  notices  by  mail  on  parents  as  to  the 
absence  of  children  from  school.     (April  12,  1915.) 

3.  Refusal  of  Parent  to  have  child  vaccinated  in  accordance  with  orders  of 
Board  of  Health  does  not  excuse  the  withdrawal  of  the  child  from  school 
during  compulsory  period.     (November  25,  1913.) 

4.  Where  Transportation  is  Provided  for  children  beyond  the  two-and-a 
half-mile  limit,  the  compulsory  law  should  be  made  to  apply.     (December 
14,  1914.) 

5.  Attendance  Under  the  Compulsory  Law  must  begin  with  eighth  birth- 
day of  child  and  last  until  his  fourteenth  birthday. 

6.  Private  School  Teachers  must  keep  such  records  and  make  such  re- 
ports of  attendance  of  children  under  their  instruction  as  will  furnish  satis- 
factory evidence  that  children  of  compulsory  age  are  receiving  satisfactory 
instruction    and    are    attending    regularly    during    the    compulsory    period. 
(November  12,  1913.) 

I 

DUTIES  AND  POWERS  OF  THE  COUNTY  BOARD  OF  EDUCATION 

1.  Selecting  a  County  Superintendent. — The  board  has  no  more  important 
duty  than  this,  of  electing  a  county  superintendent.     I  beg  to  urge  the  ob- 
servance  of    the    following   in    the    selection    of    a    county    superintendent : 
(1)  Without  fear,  without  prejudice,  political  or  sectarian,  having  before  your 
eyes  only  the  welfare  of  the  children  and  the  success  of  the  public  schools, 
select  the  most  competent  man  to  be  had  for  the  money,  choosing  him  from 
your  county  if  such  a  man  is  to  be  found  there,  and  if  not  to  be  found  in  the 
county,  seeking  him  wherever  he  can  be  found,  as  the  law  permits.     (2)   If 
your   present   county   superintendent   possesses   the   necessary   qualifications 
for  a  successful  administration  of  his  delicate,  difficult,  and  important  duties, 
as  I  trust  he  may,  reelect  him  and  give  him  a  chance  to  show  what  is  in 
him  and  to  make  a  greater  success  of  his  work,  by  paying  him,  if  possible, 
a  sufficient  salary  to  justify  him  in  giving  all  of  his  time  and  thought  to  the 
work  of  supervision,  and  to  justify  you  in  requiring  him  to  do  this.     (3)  Take 
advantage  of  the  law  and  pay  your  superintendent  as  large  a  salary  as  your 
school  fund  will  justify,  but  be  sure  that  you  get  more  man  and  more  time 
for  more  money.     The  county  superintendent's  office  is  the  most  important 
office  in  the  county.    He  need  not  be  a  resident  of  the  county  when  elected. 
If  possible,  he  should  be  paid  large  enough  salary  to  enable  him  to  devote 
all  his  time  to  his  work. 

2.  School  Term  Should  be  Continuous. — The  purpose  of  section  5412  is  to 
prevent  the  division  of  the  school  term  into  two,  as  was  so  often  done  form- 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  105 

erly,  to  the  detriment  of  the  school.  It  simply  means  that  the  school  term 
must  not  be  divided  and  taught  during  different  seasons  of  the  year,  unless 
some  epidemic  or  other  providential  cause  interferes  with  the  regular  term. 
The  county  board  must  exercise  this  control  if  it  would  carry  out  the  pro- 
visions of  the  law. 

3.  A  Member  of  a  County  Board  of  Education  may  not  also  be  a  director 
or  a  trustee  of  a  State  Institution  neither  can  he  be  a  member  of  a  county 
board  of  elections. 

4.  Expense  of  County  Board  in  Maintaining  Its  Authority  Authorized. — 

Any  reasonable  expense,  including  attorney's  fees,  incurred  by  the  county 
board  of  education  in  maintaining  its  authority  and  in  executing  the  school 
law  is  authorized  by  section  5412.  The  county  board,  however,  sits  as  a 
court,  and  I  do  not  think  it  would  be  justified  in  employing  counsel  to 
maintain  a  position  taken  by  one  faction  in  a  district  against  another  faction 
of  the  people.  The  position  of  the  board  is  and  ought  always  to  be  a 
judicial  one ;  but  after  the  board  has  taken  a  position  upon  any  question,  or 
has  made  a  ruling,  then  it  would  be  both  lawful  and  proper  for  it  to  employ 
necessary  counsel  to  sustain  it.  (April  2,  1909.) 

5.  Lease  of  School  Property  by  County  Board. — The  county  board  of  edu- 
cation has  no  authority  to  lease  a  part  of  the  school  building  to  a  secret  order, 
or  for  other  purposes,  for  a  period  of  time  extending  beyond  its  term  of 
office.     (January  15,  1910.) 

6.  School  Sites;  Power  of  County  Board  to  Fix,  Not  Limited. — The  power 
of  the  county  board  of  education  to  fix  a  school  site  in  any  school  district, 
local  tax  or  nonlocal  tax,  is  not  limited.     (January  17,  1911.) 

7.  County  Board  May  Offer  Reward  for  Arrest. — The  county  board  of  edu- 
cation has  the  authority,  under  the  general  provisions  outlined  in  section 
5402  of  the  consolidated  statutes  to  offer  a  reasonable  reward  for  the  appre- 
hension and  conviction  of  the  parties  who  burn  a  public  schoolhouse.     (April 
12,  1911.) 

8.  Member  of  County  Board  May  be  Allowed  Compensation  for  Services  as 
Acting  Superintendent. — In  case  of  a  vacancy  in  the  office  of  county  super- 
intendent, pending  a  bona  fide  effort  to  fill  the  vacancy,  a  member  of  the 
county  board  acting  as  county  superintendent  may  receive  compensation  for 
this  service.     (June  27,  1911.) 

9.  Retiring  Member  of  Board  of  Education  Has  No  Voice  in  Selecting; 
Superintendent. — A  retiring  member  of  the  county  board  of  education  whose 
term  of  office  expires  on  the  day  the  county  board  is   to  select  a  county 
superintendent  for  the  next  two  years  has  no  voice  in  the  selection  of  said 
superintendent.     The  superintendent  should  not  be  chosen  until  the  incoming 
new  member  of  the  board  has  qualified  and  has  taken  his  place  as  a  member 
of  board.     (July,  1911.) 

10.  The  County  Board  of  Education  has  the  right  to  review  the  decisions 
of  school  committees  in  all  cases  where  controversy  arises,  and  the  decision 
of  the  county  board  is  binding  on  all  parties  until  reviewed  by  the  courts. 
(March  26,  1913.) 

11.  Districts  May  be  Abolished  or  Consolidated  by  county  board  of  educa- 
tion, but  provision  must  be  made  for  each  child  of  school  age  to  attend  some 
school  free  of  tuition.     (October  16,  1914.) 


106  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

12.  Children  May  be  Transferred  by  county  board  of  education  from  a 
nonlocal-tax    district   to    a    local-tax    district    for    the    regular    school    term, 
provided   the  consent  of  committee  in  local-tax  district   is  given.     If  such 
children  attend  longer  than  the  term  provided  by  the  county  and  State  taxes, 
however,  the  local  committee  have  a  right  to  charge  a  reasonable  tuition. 
(October  20,  1914.) 

13.  County  Board  of  Education  Cannot  Compel  committee  in  a  local-tax 
district  to  admit  children  from  outside  the  local-tax  district  free  of  tuition. 
(October  7,  1913.) 

14.  If  School  is  Closed  in  a  special-tax  district  before  all  the  special-tax 
funds  are  used  the  amount  remaining  must  be  left  in  the  hands  of  the  treas- 
urer to  the  credit  of  the  local  committee,  and  be  used  by  them  for  teachers' 
salaries  at  the  succeeding  term  or  terms  of  the  school.     (January  18,  1915.) 

15.  The  Borrowing  of  Money  by  county  board  of  education  for  the  payment 
of  teachers'  salaries  is  specifically  authorized  and  directed  in  section  5669  of 
the  Public   School   Law,   and  the  board  should  exercise  the  privilege  thus 
granted  in  securing  funds  for  the  prompt  payment  of  teachers'  salaries  monthly 
if  the  funds  cannot  be  secured  otherwise. 

16.  Duty  of  the  County  Board  of  Education  to  Pay  Teachers'  Salaries 
Promptly. — Under  section  5669  of  the  Public  School  Law,  it  is  the  duty  of 
the  county  board   of  education   to  borrow   the  money   for  the   payment  of 
teachers'  salaries,  if  found  necessary  to  do  so  before  the  taxes  have  been 
collected  and  turned  over  to  the  treasurer.     The  bank  from  which  the  money 
is  borrowed  on  the  note  of  the  county  board  of  education,  under  the  agree- 
ment, has  the  right  to  hold  for  its  own  protection  and  the  protection  of  the 
county  board  teachers'  vouchers  paid  as  collateral  security  in  payment  of 
the  note  until  the  money  is  in  the  hands  of  the  treasurer  from  the  payment 
of  the  taxes  for  the  settlement  of  the  note,  or  for  partial  payment  on  the 
note  from  time  to  time,  which  could  be  paid  in  and  credited  on  the  note 
as  paid  in.     When  the  money  from  taxes  collected  is  in  the  hands  of  the 
treasurer,  and  he  turns  it  over  to  the  bank  and  takes  up  the  note,  or  any 
parts  thereof,  if  paid  at  different  times,  the  bank  shall  then  turn  over  to 
the  treasurer  the  teachers'  vouchers,  and  the  treasurer  will  then  be  entitled 
to  his  commissions  on  such  part  or  all  of  the  amount  borrowed  as  he  may 
have  paid,  and  for  which  the  bank  turned  over  to  him  the  teachers'  vouchers 
as  vouchers  in  his  hands  for  the  amount  paid  to  the  bank.     This  item,  if 
outstanding  on  the  first  of  July,  will  have  to  be  reported  as  money  borrowed 
for  the  payment  of  teachers'  salaries,  both  by  the  treasurer  and  the  county 
superintendent,  for  the  board  of  education  on  the  financial  report  of  each. 
(July  24,  1916.) 

17.  Member  of  County  Board  of  Education  May  Not  Vote  by  Proxy.— There 
is  no  provision  in  the  law  by  which  a  member  of  the  county  board  of  edu- 
cation may  leave  his  proxy  or  power  of  attorney  with  another  member  of 
the  board  to  vote  for  him  during  his  absence  from  the  State.     (March  28, 
1917.) 

18.  Meetings  of  County  Boards  of  Education. — Under  section  5410  of  the 
Public  School  Law  the  county  board  of  education  is  authorized  and  directed 
to  hold  meetings  on  the  first  Monday  in  January,  April,  July,  and  October. 
Each  of  these  meetings  may  continue  in  session  two  days,  if  necessary.     The 
board  may  have  called  meetings  of  one  day  each  as  often  as  once  a  month, 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  107 

if  the  school  business  of  the  county  require  it.  This  would  authorize  one 
called  meeting  for  each  month  of  the  year,  if  found  necessary.  The  called 
meetings,  therefore,  could  not  exceed  one  each  for  each  of  the  twelve  months- 
during  the  year,  and  could  not  exceed  one  in  any  month.  (July  25,  1916.) 

19.  Compensation  of  a  Member  of  County  Board  of  Education  for  Special 
Services. — A  member  of  the  county  board  of  education,  by  order  of  the 
county  board,  may  be  paid,  in  addition  to  actual  expenses,  a  per  diem  not 
to  exceed  the  regular  per  diem  of  a  member  of  the  board,  for  extra  service, 
ordered  by  the  county  board  of  education,  as  the  representative  of  the  county 
board  in  connection  with  the  work  that  the  law  places  under  the  control  of 
the  county  board  and  makes  the  county  board  responsible  for  which  the 
county  superintendent,  as  the  representative  and  the  agent  of  the  board, 
cannot  attend  to.  In  cases  of  this  sort  an  extra  service  calling  for  extra 
compensation  by  members  of  the  county  board  of  education,  ordered  by  the 
board,  should  not  be  ordered  except  in  cases  of  emergency  which  the  county 
superintendent  cannot  look  after  and  in  which  the  interest  of  the  schools, 
would  materially  suffer  without  such  extra  service  of  the  members  of  a 
committee  of  the  board.  Such  extra  service  and  compensation  by  members 
of  the  board  are  always  subject  to  criticism  and  sometimes  to  abuse,  and 
should  be  avoided  as  far  as  possible.  (July  25,  1916.) 

II 
THE  COUNTY  SUPERINTENDENT 

1.  Office  Expense  for  County  Superintendent;  County  Board  Must  Pro- 
vide for. — Section  5424  of  the  Public  School  Law  requires  the  county  board 
of  education  to  provide  the  county  superintendent  with  an  office  at  the  county 
seat.     I  do  not  think  there  can  be  any  doubt  as  to  the  meaning  of  these 
words.     Evidently  an  office  without  heat  would  be  an  unheard-of  thing;  there- 
fore, I  am  sure  that  fuel  should  be  included,  also  necessary  furniture  and 
office  supplies. 

2.  Weekly  and  Monthly  Reports.     The  law  fully  authorizes  the  county  su- 
perintendent to  require  such  reports  from  teachers  in  charge  of  public  schools 
as  to  him  seem  advisable.     Voucher  for  teacher's  salary  should  not  be  approved 
at  the  end  of  the  month  till  the  monthly  report  has  been  received.     The  same 
rule  should  be  adopted  with  reference  to  final  reports. 

3.  May  a  County  Superintendent  Teach? — For  good  and  sufficient  reasons, 
a  county  superintendent  will  be  permitted  to  teach  during  the  year,  provided 
satisfactory  arrangements  be  made  for  visiting  the  schools  while  in  session 
and  otherwise  obeying  the  law.     Whatsoever  arrangements  are  made  should 
be  submitted  to  the  State  Superintendent  and  the  State  Board  of  Education 
for  approval.     But  it  is  best,  wherever  possible,  for  the  superintendent  to 
give  his  undivided  time  to  the  supervision  of  the  schools  in  his  county. 

4.  The  Professional   Qualifications  for   County   Superintendent  made  by 
section  5425,  so  far  as  they  refer  to  experience,   mean  actual1  teaching  or 
actual  supervision  of  schools.     The  chairman  of  the  county  board  of  educa- 
tion could  not  be  considered  as  a  supervisor  of  schools  within  the  meaning 
of  this  act.     (November  23,  1914.) 

5.  Certification  of  County  Superintendent. — The  legislature  may  fix  such 
qualifications  as  it  may  please  for  any  legislative  office,  provided  the  proposed 


108  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

incumbent  is  a  voter.  The  legislature  made  certification  by  the  State  Board 
of  Examiners  and  Institute  Conductors  under  the  rules  and  regulations  of  that 
board  a  qualification  for  the  office  of  county  superintendent.  See  report  of 
Attorney  General  1916-19,  page  133.  A  county  superintendent,  then,  not 
properly  certificated  unlawfully  holds  a  public  office  from  which  he  may  be 
removed  by  judgment  in  an  action  against  him  instituted  by  the  Attorney 
General  on  his  own  relation  or  upon  complaint  of  a  private  party. 

Ill 

DUTIES  AND  POWERS  OF  SCHOOL  COMMITTEEMEN   AND 

TRUSTEES 

1.  Removal  of   Committeemen   from   Office. — Under   section   5414   of  the 
Public  School  Law  the  county  superintendent,  when  charges  are  made  against 
•committeemen,  should  report  such  charges  to  the  county  board  of  education, 
which  board  should  then  formulate  the  charges  and  give  in  writing  at  least 
ten  days  notice  to  the  committeemen  of  the  charges  preferred  against  them. 
This  notice  should  be  served  by  the  proper  officer,  as  directed  by  section  5418 
of  the   Public   School   Law,   unless   the   committeemen   accept   service   in   a 
different  manner.     The  county  board  should  appoint  a  day  for  the  hearing 
of  the  charges  and  thoroughly  investigate  them,  giving  the  accused  committee 
men  an  opportunity  to  be  heard  and  to  offer  evidence.     After  such  hearing  the 
board  should  decide  whether  the  committeemen  should  be  removed  or  not. 
A  complete  record  of  the  entire  proceedings  should  be  entered  on  the  minutes 
of  the  board. 

2.  State  Board  of  Education  has  no  power  to  review  action  of  the  county 
board  in  dismissing  a  committeeman. 

3.  Trusteeship  an  Office  of  Trust. — Under  the  language  of  the  Constitution 
and  the  decisions  of  our  courts,  I  am  constrained  to  believe  that  a  trustee 
or  committeeman  of  a  school  should  be  regarded  as  holding  a  position  of 
trust.     (May  3,  1909.)     Under  section  5539,  these  positions  are  declared  to 
be  places  of  profit  or  trust  and  not  offices  in  this  State. 

4.  Retiring  Trustees  Have  No  Voice  in  Choosing  Their  Successors.— In  the 

election  of  new  members  of  a  board  of  trustees  of  a  graded  school  the  retiring 
members  should  have  no  voice  in  the  election  of  their  successors.  (May 
18,  1909.) 

5.  Voucher  for  More  Money  Than  is  to  the  Credit  of  the  District. — The  law 

forbids  the  signing  of  a  teacher's  voucher  for  more  money  than  the  district 
has  to  its  credit.  Section  5466. 

6.  Trustee  or  Committeeman  Cannot  Hold  Other  Public  Office.— "A  public 
office  is  an  agency  for  the  State,  and  the  person  whose  duty  it  is  to  perform 
the  agency  is  a  public  officer."    The  first  question  asked  is,  Can  a  party  who 
is   school   trustee   and   committeeman,    without   pay   or   profit,    hold,    at    the 
same  time,  the  position  of  county  commissioner?     I  do  not  think  so. 

In  the  case  of  Barnhill  v.  Thompson,  122  N.  C.,  493,  it  is  held  that  the  board 
of  county  commissioners  and  the  county  board  of  education  each  constitute 
an  office,  and  what  is  said  there  in  regard  to  the  county  board  of  education, 
I  think,  applies  with  equal  force  to  school  trustees  or  school  committeemen. 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  109 

The  fact  that  no  salary  was  received  in  one  of  the  places  makes  no  difference. 
Walker  v.  Bledsoe,  68  N.  C.,  457. 

Second :  Can  one  person  be,  at  the  same  time,  clerk  of  the  Superior  Court 
and  a  member  of  a  school  committee?  I  do  not  think  he  can.  A  clerk  of  the 
court  is  clearly  an  officer  within  the  meaning  of  the  Constitution,  Article 
XIV,  section  7.  See  White  v.  Murray,  126  N.  C.,  156. 

A  trustee  of  a  graded  school  operated  under  a  special  legislative  act  may 
not  be  a  director  or  trustee  of  a  state  institution. 

7.  Pupils  May  Not  be  Debarred  from  public  schools  by  committee  on  ac- 
count of  previous  immoral  conduct,  provided  the  conduct  of  such  pupils  at 
present  is  not  such  as  to  be  detrimental  to  other  pupils.     ( September  18,  1913  ; 
December  19,  1914.) 

8.  Committee  May  Dismiss  Teacher  who  has  tuberculosis  or  other  disease 
which  might  be  damaging  to  pupils.     (December  26,  1913.) 

9.  Committeemen  Cannot  Contract  with  Teacher  for  a  longer  term  than 
the  public  money  will  provide;  and  any  contract  made  for  a  longer  term  than 
can  be  provided  by  the  public  money  of  the  district  is  not  binding  on  the 
committee.     (January  7,  1914.) 

10.  Committeemen  for  Special-tax  Districts. — Section  5536  of  the  Public 
School  Law  directs  the  county  board  of  education  to  appoint  a  committee  for 
special-tax  districts  voted  under  that  section,  and  I  have  always  ruled  that 
such  a  committee  should  be  appointed  and  that  their  authority  in  that  dis- 
trict supersedes  the  authority  of  the  township  committee.     I  think  there  can 
be  no  doubt  about  this.     (June  14,  1915.) 

11.  A  Man  Who  is  Not  Eligible  to  Vote  May  Serve  as  School  Committee- 
man. — The  position  of  school  committeeman  or  member  of  the  board  of 
trustees  of  educational  institutions  is  declared  to  be  a   place  of  profit  or 
trust,  and  not  an  office,  and,  therefore,  a  man  is  eligible  to  serve  as  a  school 
committeeman  who  has  not  been  in  the  State  two  years  and  is  not  a  voter. 
These  are  requisite  for  holding  office,  but  not  for  holding  a  place  of  profit 
or  trust  that  is  declared  by  statute  not  to   be  an   office.     (September  25, 
1916.) 

12.  Acts  of  a  School  Committeeman  Whose  Term  is  About  to  Expire,  Legal. 

Under  section  5458  of  the  Public  School  Law,  which  expressly  states  that 
a  committeeman  shall  serve  until  his  successor  is  elected  and  qualified,  any 
action  of  the  committeeman  in  the  meantime  as  school  committeeman  would 
be  legal.  The  employment  of  a  teacher  and  the  contract  with  her,  however, 
would  not  be  legal  unless  the  requirements  of  section  5665  of  the  Public 
School  Law  were  complied  with.  (August  31,  1916.) 

IV 
DUTIES,  PRIVILEGES  AND  QUALIFICATIONS  OF  TEACHERS 

1.  Road  Duty;  Teacher  Not  Exempt. — Under  the  law  no  one  of  road  age 
is  now  exempt  from  the  provisions  of  the  road  law,  except  by  special  statute 
of  the  General  Assembly  or  by  special  action  of  the  road  supervisors. 

2.  Compensation  for  Substitute  Teacher. — The  question  of  allowing  com- 
pensation for  a  substitute  teacher  during  the  illness  of  the  regular  teacher 
is  one  that  appeals  to  the  sense  of  justice.     If  the  compensation  is  allowed, 


110  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

order  for  the  same  would  have  to  be  made  in  behalf  of  the  regular  teacher, 
who  would  then  pay  the  substitute  teacher  himself.  The  committee  would 
have  no  legal  right  to  sign  a  voucher  for  the  payment  of  the  salary  of  any 
teacher  who  did  not  hold  a  teacher's  certificate.  Of  course,  the  substitute 
teacher  should  be  acceptable  to  the  committee. 

3.  Teacher  Has  Right  to  Make  and  to  Enforce  Rules  for  Discipline  in 
Schools. — Under  section  5666  a  teacher  in  a  county  school  has  the  right  to 
make  and  enforce  reasonable  rules  for  the  maintainance  of  such  discipline  as 
may  seem  proper  to  the  teacher.     Appeal  from  these  rules  may  be  made  to 
the  county  board   of  education,   who,   for  sufficient  cause,   may  rescind   the 
rules. 

4.  Teachers'  Right  Over  Pupils  on  Way  to  and  from  School. — The  teacher 
has  a  right  to  make  reasonable  rules  governing  the  conduct  of  pupils  on  the 
way  to  and  from  school,  and  to  enforce  same.     (April  2,  1912.) 

5.  Contract  with  Teacher  Binding;  When  Not. — Contract  with  teacher  is 
binding   in    case    schoolhouse   burns   and    can    be    easily    substituted    for    by 
renting   or   otherwise.     But   if   suitable   place   to   teach   cannot   be   secured, 
committee  is  not  bound.     (June  9,  1911.) 

6.  Salary  of  Second  Grade  Teacher  Cannot  Exceed  $45. — Under  section 
5668  a  committee  in  a  special-tax  district  is  not  authorized  to  employ  second 
grade  teacher  for  more  than  $45. 

7.  Thanksgiving  Day  a  Legal  Holiday. — Thanksgiving  Day  is  a  legal  holi- 
day and  should  be  counted  as  a  day  in  the  school  month.     It  would  be  both 
unlawful   and  impious   to   charge  up  the  day   of  Thanksgiving   against   the 
teachers  of  the  State.     (December  4,  1909.) 

8.  Holidays. — It  has  been  our  ruling  that  Thanksgiving  Day  should .  be 
observed   as   holiday   in   the  public   schools,   and   that   teachers   as   well    as 
the  pupils  must  be  given  that  day.     The  observance   of  other  holidays   is 
largely  a  matter  of  regulation  by  the  county  board  of  education  and  the  school 
committee.     With    our    short    school    term,    especially    in    the    rural    schools, 
I   should  not   advise  the   observance  of   other  holidays — like   Washington's 
birthday — except  by   special  exercises  of  a  patriotic  nature  in  the  schools. 
If  other  holidays  are  taken,  except  under  extraordinary  circumstances,  the 
teacher  should,  in  my  opinion,  be  required  to  make  up  the  time  at  the  end 
of  the  term.     (March  21,  1917.) 

9.  What  Constitutes  a  School  Day? — I  presume  that  in  construing  the  law 
fixing  a  school  day  at  not  less  than  six  hours  nor  more  than  seven  hours  the 
committee  would  have  to  use  the  same  common  sense  that  they  would  use 
in  other  business.     A  literal  construction  of  the  law  would,  I  presume,   re- 
quire at  least  six  hours  of  school  work.     A  reasonable  construction  would 
probably  allow  short  recesses  to  be  taken  out  of  this  time,  as  the  teacher  is 
compelled  to  remain  and  have  supervision  of  the  children  during  recesses, 
If  the  amount  of  time  taken  for  recess  is  excessive,  of  course,  it  should  not 
be  included  in  the  six  hours.     You  can  easily  understand  how,  if  the  teacher 
was  allowed  to  count  all  recesses  and  to  give  as  much  time  to  recesses  as 
he    chose,    the   number    of   hours    of   work    might    be    too    greatly    reduced. 
Whether  the  law  ought  to  be  construed  to  require  six  hours  of  actual  school 
work  would  depend,  I  think,  to  some  extent,  upon  the  season  of  the  year  and 
the  distance  of  the  children  living  farthest  from  the  school  had  to  walk. 


PUBLIC  SCHOOL  LAW  OF  WORTH  CAROLINA  111 

For  example,  in  many  places  it  would  be  difficult  in  the  winter  to  begin 
earlier  than  9  a.  m.  or  to  close  later  than  4  p.  m.  This  would  give  six  hours 
of  work,  with  an  intermission  of  an  hour  for  dinner,  but  would  not  include 
any  short  recesses  between  times,  which  are  usually  desirable,  and  which, 
I  think,  ought  to  be  included  in  the  six  hours. 

The  trustees  of  a  school  operated  under  a  special  charter  may,  in  conjunc- 
tion with  teachers,  make  such  regulations  as  they  deem  wise. 

10.  Criminal  Charges  Against  Teachers. — The  committee  should  refuse  to 
sign  the  voucher  of  a  teacher  who  falsified  in  his  report  as  to  the  number 
of  days  he  taught,  and  should  report  the  facts  to  the  county  board  of  educa- 
tion,  giving  their  reasons  for  refusing  to   sign.     Then,   under   section   5412 
the  county  board  of  education  could  investigate  the  matter,  after  written 
notice  of  ten  days  as  therein  provided,   and,  if  the  charges  be   sustained, 
could  debar  the  teacher  from  teaching  and  cancel  his  certificate. 

11.  Teacher  Cannot  Expect  Reimbursement  from  School  Fund  for  Stolen 
Property;  Cannot  Sue  Board  for  Such  Loss. — School  authorities  should  not 
be  held  responsible  for  personal  property  of  teacher  while  in  the  employ  of 
school,   even   if  property  is   stolen   from   public   schoolhouse.     Trustees   can 
make  allowance  to  teacher  for  such  stolen  property  if  they  think  proper,  but 
the  school  fund  is  not  liable  in  damages  for  amount  by  suit.     The  county 
board  of  education  is  a  corporation  conducting  part  of  the  functions  of  the 
State  Government,  and  suit  cannot  be  brought  against  it  in  the  absence  of  a 
statute  so  providing.     (July  3,  1911.) 

12.  High  School  Principal  Cannot  Serve  as  Member  of  County  Board. — 

Under  section  5409  a  principal  of  a  public  high  school  cannot  serve  as  a 
member  of  the  county  board  of  education.  (July  3,  1912.) 

13.  Salary  of  Teachers  in  Special-tax  District. — Special-tax  funds  may  be 
used  for  the  improvement  of  the  special-tax  school,  such  as  supplementing 
the  salary  of  first  grade  teachers,  in  order  to  get  better  teachers,  improving 
the  schoolhouse  grounds  and  equipment,  all  of  which  are  purposes  for  which 
school  funds  can  be  legally  used,   under  the  Public   School   Law,   and   the 
recommendations  of  the  special-tax  committee  unless   unreasonable,   should 
be  approved  by  the  county  board  of  education  and  the  county  superintendent. 
In  this  matter  of  improving  the  school  of  a  special-tax  district  the  main 
purpose  and  the  main  inducement  for  supplementing  the  State  and  county 
apportionment  by  local  taxation  is  to  improve  the  district  school,  not  only  by 
extending  the  term,  but  by  improving  the  equipment  and  securing  the  best 
teachers  possible.     (January  31,  1916.) 

V 

RIGHTS  AND  OBLIGATIONS  OF  PATRONS  AND  PUPILS 

1.  Rights  of  Bona  Fide  Citizens  to  Patronize  School. — Any  person  moving 
into  a  graded  school  district  and  becoming  a  bona  fide  citizen  has  a  consti- 
tutional right  to  send  his  children  of  school  age  to  the  public  graded  school 
of  such  district  without  paying  tuition,  from  the  time  that  he  becomes  a 
bona  fide  citizen  of  that  district. 

2.  Bona   Fide   Residents   Entitled   to   School   Facilities. — When   a   person 
moves  to  town  for  the  purpose  of  making  his  home  there,  he  at  once  be- 


112  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

comes  a  bona  fide  resident,  and,  therefore,  has  a  right  to  send  his  children  to 
the  local  public  school.  But,  on  the  other  hand,  if  he  moves  to  town  just  for 
a  few  months  in  order  to  get  the  benefit  of  the  graded  school,  then  he  should 
not  be  regarded  as  a  resident,  and,  therefore,  would  not  be  entitled  to  send  his 
children  to  the  graded  school  without  the  payment  of  tuition.  I  am  of  the 
opinion  that  an  order  made  by  the  school  board  that  for  one  to  be  entitled 
to  send  his  children  to  school  he  must  have  been  a  bona  fide  resident  of  the 
town  or  district  for  twelve  months  is  an  ultra  vires  act  on  the  part  of  the 
authorities.  This  would  be  in  violation  of  the  Constitution  providing  that 
all  children  have  an  opportunity  to  go  to  school  four  months  each  year. 
(January  8,  1910.) 

3.  Patrons  of  School  District  Defined. — The  patrons   of  a  public  school 
district  are  those  living  in  the  district  who  have  children  or  stand  in  loco 
parentis  to  children  within  the  school  age.     (August  5,  1909.) 

4.  Admission  of  Pupils  Cannot  be  Refused  Because  of  Overcrowded  Condi- 
tions.— Graded  school  trustees  or  committees  have  no  legal  right  to  refuse, 
for  the  reason  that  the  grades  are  overcrowded,  to  admit  pupils  who  are  of 
school  age  and  residents  of  the  district.     (January  22,  1910.) 

5.  Public  Schools  for  Indians;  County  Board  Must  Provide. — It  is  the  duty 
of  the  county  board  of  education  to  provide  public  school  facilities  for  the 
Indian    children    of   the    county    in    which    such    children    may    reside.     The 
Indian  children  should  be  treated  as  white  and  negro  children  in  the  appor- 
tionment of  the  school  funds  of  the  county,  and  separate  schools,  under  the 
law,  must  be  provided  for  them,  if  they  are  tax-payers  and  the  Federal  Gov- 
ernment has  provided  no  school  or  inadequate  school  facilities  for  them. 

6.  A  Pupil  is  Not  Exempt  from  road  duty  if  he  is  a  resident  of  the  district. 
If  a  nonresident,  he  is  exempt.     (November  12,  1913.) 

7.  Pupils  May  Not  be  Required  by  teacher  to  make  up  work  on  Saturdays 
which  was  missed  on  regular  school  days.     (October  26,  1914.) 

8.  Studies  for  High  School  Pupils. — The  course  of  study  for  public  high 
schools  is  prescribed  by  the  State  Superintendent  of  Public  Instruction.     It 
is  given  in  detail  in  the  bulletin  issued  by  the  office  of  the  Superintendent 
of  Public  Instruction.     Students  of  the  high  schools  are  required  to  pursue 
this  course,  unless  they  offer  to  the  teacher  and  the  high  school  committee 
valid  excuse  for  deviation  from  it.     Pupils  desiring  to  be  excused  from  taking 
this  course  would,  of  course,  have  the  right  of  appeal  from  the  action  of  the 
teacher  and  the  high  school  committee  to  the  county  board  of  education. 
It  is  the  duty  of  the  teacher  and  of  the  school  committee  to  enforce  the 
course  of  study  as  prescribed,  unless   the  best  reasons  can  be  offered  by 
the  student  for  being  excused  from  any  part  of  it.     It  would  be  a  dangerous 
precedent  to  excuse  the  pupils  from  any  part  of  the  prescribed  course  for 
flimsy  and  insufficient  excuses,  and  would,  of  course,  result  in  throwing  the 
course  of  study  into  chaos.     (January  14,  1916.) 

9.  Corporal  Punishment  of  Pupils  by  Teachers. — Teachers  stand  in  loco 
parentis  and  are  clothed  with  certainly  a  reasonable  authority  for  cor- 
recting the  pupils  placed  under  their  charge.  A  moderate  degree  of  cor- 
poral punishment  can  be  inflicted  without  violation  of  the  law,  if  it  be  done 
so  as  not  to  inflict  permanent  injury,  or  without  any  malicious  or  evil  pur- 
pose on  the  part  of  the  teacher.  This  question  was  decided  very  early  in  our 
State  by  our  Supreme  Court,  19  N.  C.  Report,  page  365,  in  the  case  of 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  113 

State  v.  Pendergrast,  in  which  Judge  Gaston  laid  down  the  rule  which  seems 
to  have  been  consistently  followed  by  our  courts  up  to  the  present  time. 
(March  21,  1917.) 

VI 

SCHOOL  DISTRICTS  AND  DISTRICT  FUNDS 

(a)  Regular. 

(b)  Special-Tax  Districts. 

(c)  City  and  Graded  School  Districts  Under  Special  Charter. 

(d)  Bonds. 

'a) 

1.  Fixing  Boundaries  of  Districts  Left  to  Discretion  of  County  Board. — 

County  board  of  education  has  authority,  under  section  5469,  to  divide  the 
townships  and  the  county  into  convenient  school  districts.  The  formation 
and  consolidation  of  districts  are  placed  in  the  discretion  of  this  board.  The 
Attorney-General  advises  me  that  in  the  case  of  Howell  v.  Howell,  in  Hay- 
wood  County,  the  Supreme  Court  of  North  Carolina  holds  that  the  laying  off 
of  school  districts  and  the  fixing  of  their  boundaries  is  in  the  discretion  of 
the  county  board  of  education,  and  no  appeal  therefrom  lies  to  the  courts.  It 
is,  of  course,  however,  a  discretion  that  should  not  be  exercised  arbitrarily, 
and  I  feel  sure  that  the  county  board  of  education  will,  as  directed  in  section 
5469,  always  consult  the  convenience  and  necessities  of  the  people  in  fixing 
the  boundaries  of  the  districts,  and  will  give  a  full  hearing  to  both  sides 
before  determining  the  matter.  (June  6,  1910.) 

2.  To  Consolidate  Small  Districts,  Duty  of  Board.— It  is  the  duty  of  the 
county  board  of  education  to  consolidate  districts  where  the  attendance  is 
less  than  fifteen  pupils  unless  the  geographic  conditions  are  such  that  the 
children   cannot    attend    some   adjoining   district   without    seriously    limiting 
their  educational  opportunities. 

(b) 

3.  Boundaries   of    Local-tax   Districts,    How    changed. — County   board   of 
education  has  no  authority  to  take  territory  from  a  local-tax  district  formed 
by  special  charter  and  transfer  to  another  local-tax  district.     It  can  change 
boundary   lines  between   local-tax   districts   formed  under   section  5526,   but 
not  between  one  formed  under  that  section  and  another  formed  by  special 
act.     (September  12,  1911.) 

4.  Boundaries  of  Local-tax  Districts  Cannot  be  Changed  so  as  to  Reduce 
District  After  Election  is  Called. — After  an  election  for  a  local-tax  has  been 
duly  called  the  county  board  of  education  has  no  authority  to  reduce  the 
size  of  the  district  by  making  changes  in  the  notices  already  posted,  cutting 
out  certain  territory.     If  the  election  is  regularly  called  and  regularly  held 
the  tax  should  be  levied  on  the  original  district.     (December  18,  1911.) 

5.  Contiguous  Territory  Defined. — "Contiguous  territory"  in  section  5530 
refers   to   territory   adjoining,   but   not  lying   within,   a    special-tax    district. 
(September  12,  1911.) 

6.  Special-tax   District;   Commissioners   Cannot   Levy   More   Than   Maxi- 
mum Rate ;  Cannot  Reduce  Amount  to  be  Voted  on  After  Notice  of  Election. — 

The  commissioners   of  a   county   can  never  levy   more   than   the   maximum 

8 


114  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

amount  of  taxes  voted  for  by  the  people  in  a  special-tax  district.  But  if  the 
maximum  amount  should  be  found  to  be  more  than  the  district  required, 
then,  upon  recommendation  of  the  county  board  of  education,  it  would  be 
lawful  for  the  commissioners  to  levy  less  than  the  maximum  amount  voted 
for.  As  to  the  question  of  reducing  the  amount  of  taxes  to  be  voted  on 
after  the  call  and  notice  of  election,  I  beg  to  advise  that  such  a  reduction 
would  be  equivalent  to  ordering  a  new  election,  and  the  same  notice  would 
have  to  be  given  after  the  reduction  as  if  no  notice  had  been  issued  at  all. 
(April  23,  1910.) 

7.  Taxation  in  Local-tax  Districts;  Commissioners  Cannot  Change  Rate  of. 

The  board  of  county  commissioners  cannot  legally  change  the  rate  of  taxa- 
tion in  a  special-tax  district  after  the  tax  has  been  duly  voted  according  to 
law,  in  cases  where  the  order  for  the  election  specifies  the  rate  and  due 
publication  of  the  notice  has  been  given.  (February  1,  1909.) 

8.  To  Call  off  Special  Tax-election. — The  County  Board  of  Education  has 
authority  to  revoke  its  endorsement  of  a  petition  for  a  special-tax  election 
under  section  5526  at  any  time  after  the  election  is  called  by  the  county 
commissioners  provided  this  is  done  before  the  election  is  actually  held. 

9.  Tax  List  in  Special  District;  Expense  of  Making   Borne  by   County 
Commissioners. — Under  section  5528  it  is  the  duty  of  the  county  commis- 
sioners to  pay  all  expenses  incident  to  levying  and  collecting  the  tax  in  a 
special  district.     (November  23,  1909.) 

10.  The  School  Fund  is  not  liable  for  any  part  of  the  expense  of  listing 
the   taxes  in   special-tax   districts.     Special-tax   funds,   however,   levied   and 
collected  under  section  5526,  are  liable  for  commissions  of  all  legally  com- 
missioned officers  who  collect  and  disburse  such  fund.     (March  11,  1915.) 

11.  Control   of   Special-tax   Funds   in   Hands   of   Committee. — After   the 
establishment  of  a  special-tax  district  and  the  appointment  of  the  committee 
for  that  district,  the  employment  of  the  teacher  and  the  control  of  the  special- 
tax   fund  is  vested  in  the  committee  of  the  district. 

12.  Township  High  School  Tax.— Under  section  5511  of  the  Public  School 
Law  a  township  high  school  tax  can  be  voted,  irrespective  of  the  boundaries 
of  any  special-tax  district  that  may  be  included  within  the  township  boun- 
daries. 

13.  When  Special-tax  Levy  May  be  Made  by  County  Commissioners. — If  a 

special-tax  election  is  held  and  carried  before  the  levy  is  actually  made  by 
the  county  commissioners,  the  levy  of  the  special-tax  will  be  legal.  If, 
however,  the  election  is  not  carried  until  after  the  tax  levy  has  been  made 
by  the  commissioners  for  any  particular  year,  it  cannot  be  legally  made 
for  that  year,  after  the  date  that  is  set  by  law  for  making  the  levy.  A  special- 
tax  levy  shall  be  made  at  the  same  time  and  in  the  same  manner  as  other 
taxes  under  the  law.  (June  23,  1916.) 

14.  Petition  for  Special-tax  Election  under  section  5526  must  be  approved 
by  the  county  board  of  education  in  session  at  a  regular  or  a  called  meeting. 
(March  2,  1917.) 

15.  Freeholder  Denned. — One  who  is  not  a  qualified  voter  cannot  be  counted 
as  a  freeholder  within  the  meaning  of  the  law.     (July  25,  1916.) 


PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA  115 

(c) 

16.  Special-tax  District;  One  Town  Cannot  Invade  Corporate  Limits  of 
Another  Town  in  Establishing. — Section  5526  does  not  authorize  one  town  to 
invade  the  corporate  limits  of  another  town  for  the  purpose  of  establishing 
a  special  school-tax  district. 

I  think  that  under  section  5526  a  district  can  be  established  containing  an 
the  territory  within  the  corporate  limits  of  a  town  and  also  include  some 
outlying  territory,  but  I  do  not  think  that  the  corporate  limits  of  another 
town  can  be  invaded.  (March  20,  1911.) 

17.  Supervisors  of  all  Special  Subjects  in  City  Schools  Must  be  paid  out 
of  the  city  school  fund  or  incidental  expense  fund. 

18.  Compensation  for  Disbursement  of  City  School  Fund. — Section  2728  of 
the   Revisal  of  1905   authorizes   the  county  board   of  education   to  fix  the 
compensation  of  the  treasurer  at  such  sum  as  it  may  see  fit,  provided  the 
amount  does  not  exceed  two  per  cent  on  disbursements.     If  the  special  tax  is 
paid  to  him  and  then  paid  by  him  to  the  local  treasurer,  he  might  have  a 
technical  right  to  claim  his  commissions  upon  the  amount  as  a   disburse- 
ment, though  I  have  always  advised  that  a  disbursement  of  this  sort  in  a 
lump  sum  was  not  such  a  disbursement  as  was  comtemplated  by  the  section 
named,  as  it  was  largely  a  matter  of  form,  without  trouble  to  the  treasurer, 
and  that,  therefore,  the  county  board  of  education  should  regulate  the  com- 
mission upon  it,  and   either  allow  the  treasurer  no  commission  upon  that 
sum  or  else  allow  him  a  very  much  smaller  commission  than  was  allowed 
upon  other  disbursements,  the  local  treasurer  receiving  the  larger  part  of  the 
commission  for  disbursement,  as  he  was  compelled  to  have  all  the  trouble 
in  disbursing  it  in  small  amounts  and  keeping  the  books  and  accounts.     In  a 
word,  the  matter  should  be  regulated  by  agreement  between  the  local  board 
of  trustees  and  the  county  board  of  education.     There  certainly  should  not  be 
double  commissions  allowed  on  the  same  school  fund — one  to  the  county  treas- 
urer and  the  other  to  the  local  treasurer.     The  commissions  on  both  certainly 
should  not  exceed  the  maximum  fixed  by  the  statute,  and,  if  necessary,  it 
should  be  divided  between  them  in  proportion  to  the  trouble  and  responsibility 
of  each.     In  case  an  equitable  agreement  cannot  be  reached,  then  I  would 
advise  an  amendment  to  your  school  bill,  directing  the  special  tax  to  be  paid 
directly  to  your  local  treasurer,  who  is  under  bond,  without  passing  through 
the  hands  of  the  county  treasurer.     The  matter  is  regulated  in  this  way  in 
a  number  of  special  school  acts  of  towns  and  cities. 

19.  Reports  from  City  Schools. — Section  5383  of  the  Public  School  Law 
requires  full  reports  of  the  city  schools  to  the  State  Superintendent,  also  tu 
the  county  superintendent,  in  such  form  and  at  such  time  as  may  be  directed 
by   these  officers.     No   school   operating  under   special   charter   that  is   sup- 
ported wholly  or  in  part  by  public  funds  has  a  right  to  refuse  to  make  these 
reports  and  expect  to  continue  to  receive  its  proper  share  of  public  school 
money. 

(d) 

20.  The  Amount  of  Tax  to  Levy  to  Pay  Interest  and  Provide  for  Sinking 
Fund  for  Bond  Issue. — The  tax  levy  for  bond  issue  must  be  limited  to  the 
amount  actually  needed  for  taking  care  of  the  interest  of  the  bond  issue  and 
providing  for  the  sinking  fund.     (June  23,  1916.) 


116  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

21.  Sufficiency  of  Notice  of  Election  Called  for  Bond  Issue. — The  order 
calling  for  an  election  for  a  bond  issue  under  section  5676  must  set  forth  the 
maximum  tax  that  may  be  levied,  and  except  it  does  set  forth  the  maximum 
tax  that  may  be  levied,  the  order  calling  the  election  is  not  sufficient  in  this 
respect.     (June  19,  1916.) 

22.  Bond  Issue  in  District  Lying  in  Two  Counties. — Under  the  general 
statute,  where  a  school  district  lies  in  two  counties,  it  is  competent  to  have 
a  bond  issue  for  school  building  purposes  but  this  must  be  accomplished  by 
the  respective  boards  of  education  each  petitioning  its  board  of  county  com- 
missioners to  call  an  election  in  that  part  of  the  district  that  lies  in  its  county. 
This  holds  good  even  though  the  district  is  a  specially  chartered  one. 

23.  Bonds  May  be  Issued  for  Teacherages  as  well  as  for  school  buildings. 

24.  The  Sinking  Fund  for  Retiring  Bonds  of  a  Specially  Chartered  District 
must  be  paid  out  of  the  city  school's  funds.     The  rate  at  which  the  county's 
building  fund  is  apportioned  to  the  city  school  is  fixed  by  law. 

VIII 

LOANS  AND  LIBRARIES 

1.  County  Appropriations  for  Libraries. — The  State  appropriation  for  rural 
libraries  is  limited  to  five  thousand  dollars  for  two  years.  The  number  of 
new  libraries  to  the  county  for  which  this  fund  is  available  before  November 
30th  of  any  biennial  period  is  six.  There  is  no  authority  in  the  law  for  the 
county  board  to  appropriate  any  money  for  rural  libraries  except  the  spe- 
cific authority  conferred  by  the  rural  library  act,  and  this  is  conditioned 
always  upon  the  raising  of  ten  dollars  by  the  community  and  the  appropri- 
ation of  ten  dollars  by  the  State.  The  same  law,  therefore,  that  limits  the 
number  of  libraries  for  which  appropriation  may  be  made  by  the  State 
also  limits  the  number  for  which  appropriation  may  be  made  by  the  county 
during  the  two-year  period.  I  am  of  the  opinion,  therefore,  that  the  county 
board  has  no  legal  authority  to  make  an  appropriation  for  more  than  six 
original  rural  libraries  during  the  two-year  period  ending  November  30th. 

(See  sec.  1,  subsec.  d,  laws  1915.) 

IX 

SCHOOL  FUNDS 

(a)  General  (including  Fines,  Forfeitures,  and  Penalties.) 

(b)  Special  Tax. 

(c)  City  Schools  Under  Special  Charter. 

(a) 

1.  County  Board  Has  No  Power  to  Designate  Bank  at  Which  Treasurer 
Shall  Deposit  School  Funds. — The  treasurer  and  the  sureties  on  his  bond 
are  responsible  for  the  safe-keeping  of  the  school  fund.  Being  liable  on  his 
bond  for  the  safety  of  the  fund,  it  is  proper  that  the  treasurer  should  have 
the  power  to  determine  where  and  in  what  manner  the  fund  shall  be  kept. 
The  county  board  of  education  ha?  no  power,  therefore,  to  designate  the 
bank  in  which  the  school  fund  shall  be  kept.  (July  3,  1912.) 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  117 

2.  Special  Poll  Tax  for  Other  Than  School  Purposes.— The  county  school 
fund  is  not  entitled  to  any  part  of  a  poll  tax  levied  by  the  Legislature  for 
special  county  purposes  other  than  for  schools. 

3.  Fines,  Forfeitures,  and  Penalties  Must  be  Recorded  and  Reported. — All 

fines,  forfeitures,  and  penalties  must  be  recorded  and  reported  as  required 
by  section  5,  Article  IX,  of  the  State  Constitution.  Policemen  or  other  officers 
oannot  legally  accept  fines  and  mak?  compromises  without  judgment. 

4.  Fines,  Forfeitures,   Etc.,  Cannot  be   Remitted. — The  county  board  of 
education  cannot  remit  by  compromise  any  portion  of  fines,  forfeitures,  and 
penalties  due  the  county  school  fund  and  diverted  by  towns  and  cities. 

5.  Fines,  Etc.,  Imposed  in  Mayor's  Court  Must  Go  to  County  School  Fund. — 

All  fines,  etc.,  imposed  in  mayors'  courts  of  towns  and  cities  must  be  prop- 
erly reported  and  paid  over  to  the  county  school  fund,  and  failure  to  do  so 
is  a  misdemeanor.  Evasions  are  illegal. 

6.  Fines  Imposed  by  Recorder's  Court  Must  Go  to  County  School  Fund. — 

Fines  imposed  by  a  recorder's  court  must  go  to  the  general  county  school 
fund,  and  not  to  the  graded  school  fund  of  the  town  in  which  the  recorder's 
court  sits.  (May  14,  1909.) 

7.  Fines  Cannot  be  Remitted  by  Another  Judge. — Fines  imposed  by  a  judge 
cannot  be  remitted  by  another  judge.     (August  29,  1910.) 

8.  All  Fines,  Forfeitures,  and  Penalties  recovered  in  city  or  recorder's 
court  in  any  criminal  action  are  payable  to  general  school  fund  of  county, 
for  all  warrants  issued  in  such  eases  are  issued  in  the  name  of  the  State. 
The  city,  however,  may  sue  in  civil  action  in  name  of  the  city.     Any  judgment 
rendered  under  such  civil  action  is  merely  a  debt,  and  the  person  against 
whom    such    judgment    is    rendered    cannot    be    arrested    for    nonpayment. 
(February  23,  1914.) 

9.  Stills,  Sale  of  Materials  Taken  From,  Regarded  as  Forfeiture.^The 

sale  of  material  from  stills  taken  in  the  enforcement  of  the  prohibition  law  is 
considered  forfeiture,  and  the  proceeds  therefrom  should  be  turned  over  to 
the  county  school  fund.  (July  6,  1912.) 

10.  Levy  for  Building  and  Incidental  Fund. — The  county  board  of  educa- 
tion can  ask  for  a  tax  for  building  and  incidental  expense  purposes  and  the 
courts  may  compel  the  county  commissioners  to  levy  a  tax  to  raise  an  amount 
not  to  exceed  25  per  cent  of  the  total  teachers  salary  fund.     This  is  exclusive 
of  all  other  funds  that  may  be  received  for  these  purposes. 

If  the  revenue  received  for  incidental  purposes  from  the  specified  sources 
is  sufficient  for  such  purposes  then  the  special  tax  described  above  will  go 
exclusively  to  the  building  fund. 

11.  Salary  of  Whole  Time  Health  Officer.— There  is  nothing  in  the  law 
that  would  prevent  the  county  board  of  education  paying  a  part  of  the  salary 
of  a  whole  time  health  officer.     If  the  payment  is  made  it  would  have  to  be 
charged  to  the  incidental  expense  fund. 

12.  County  is  Not  Required  by  article  IX,  section  5,  of  Constitution  of 
North  Carolina  to  pay  to  the  school  fund  amount  of  fine  imposed  when  fine  is 
worked  out  on  roads  or  served  out  in  jail.     (January  15,  1914.) 

13.  Total   State  and   County   Poll   Tax  cannot  exceed  two  dollars.     Not 
more  than  one-fourth  of  this  amount  can  be  used  for  maintainance  of  the 


118  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

poor.  At  least  three-fourths  must  be  appropriated  to  the  public  schools. 
If  so  much  as  one-fourth  is  not  used  for  the  maintainance  of  the  poor  the 
balance,  whatever  it  may  be,  must  be  turned  over  to  the  public  school  fund. 
(January  3,  1913.) 

14.  Publish   Annual   Statement. — The   county   board    of   education   under 
section  5410  is  required  to  publish  annually  at  the  close  of  the  fiscal  year  an 
itemized    detailed    statement   of    the    receipts    and    disbursements.     Chapter 
123  of  the  laws  of  1911  requires  that  the  statement  show  each  receipt  and 
from  whom  received  and  each  disbursement  and  to  whom  paid. 

15.  Payment  of  Fee  for  Recording  of  Deeds. — There  seems  to  be  no  law 
that  exempts  the  recording  of  deeds  to  public  school  property  from  the  pay- 
ment of  the  usual  charges  for  performing  this  service.     I  should  judge  that 
the  board  of  education   would   be   the   proper  party   to   pay   the   recording 
charges  for  deeds  to  property  that  belongs  to  that  board.     (April  21,  1917.) 


SPECIAL-TAX  ELECTIONS 

1.  Special- tax  Elections  Held  Within  Less  Than  Thirty  Days  of  Another 
Election. — After  consultation  with  the  Attorney-General,  I  am  of  the  opinion 
that  the  provision  in  the  general  election  law  forbidding  the  holding  of  elec- 
tions within  thirty  days  of  another  election  does  not  apply  to  special-tax 
elections  held  under  section  5526  of  the  Public  School  Law,  which  provides 
that  such  elections  may  be  held  after  thirty  days  notice,  and  that  there  is 
no  recent  decision  of  the  Supreme  Court  touching  the  matter,  so  far  as  we 
have  any  information. 

2.  Sundays  Counted  in  Twenty  Days  for  Keeping  Registration  Books  Open. 

In  counting  the  twenty  days  preceding  an  election  for  local  tax,  during  which 
the  registration  books  must  be  kept  open,  as  provided  by  section  4323  of 
the  Revisal  of  1905,  Sundays  must  be  included.  (June  9,  1909.) 

3.  Qualified  Voters;  Number  Determined  by  Old  Registration  Books. — The 

board  of  county  commissioners  should  use  the  old  registration  books  as  a 
basis  for  determining  whether  or  not  the  requisite  number  of  qualified  voters 
have  signed  a  petition  for  the  repeal  of  a  special  tax.  Either  party  to  a  con- 
troversy, however,  would  have  a  right  to  show  that  some  who  are  now 
registered  have  left  the  district  and  that  other  qualified  voters  have  come  into 
the  district  and  become  qualified. 

4.  Ordering  Local-tax  Election:  County  Board  of  Education  Has  Discre- 
tion; County  Commissioners  Have  Not. — The  approval  of  a  petition  for  a 
local-tax  district  lies  wholly  in  the  discretion  of  the  county  board  of  educa- 
tion, and  may  not  be  compelled,  but  upon  a  petition  of  one-fourth  of  the  free- 
holders endorsed  by  the  county  board  of  education,  the  county  commissioners 
have  no  discretion,  but  must  order  and  hold  the  election,  as  provided  in  sec- 
tion 5527.     (July  1,  1909.) 

5.  Taxation  in  Local  Tax  District,  Authority  of  Commissioners  to  Fix  Rate 
of.- — If   special-tax    election   was    called   under   the    general    provisions    of 
section  5526,  without  specifying  in  the  petition,  order,  or  notice  the  amount  to 
be  voted,  levied,  and  collected,  the  county  board  of  commissioners  can  levy  and 
collect  a  less  amount  than  the  maximun  fixed  in  this  section,  but  only  upon 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  119 

recommendation   of  the  committee  of  the  district   approved   by   the  county 
board  of  education.     (June  1,  1911.) 

6.  How  Special  Tax  May  be  Repealed. — Section  5531  provides  a  way_by 
which  a  special-tax  may  be  repealed  without  special  legislative  enactment. 
An   election  for  this  purpose  may  be  called  by  the  board  of  county  com- 
missioners, upon  approval  by  the  county  board  of  education  of  a  petition 
signed  by  two-thirds  of  the  qualified  voters  residing  in  the  special-tax  dis- 
trict.    Such  election  cannot  be  held  within  less  than  two  years  from  the  date 
of  the  election  at  which  the  tax  was  voted  nor  within  two  years  of  any  pre- 
vious election  for  voting  off  the  tax. 

7.  Persons  Not  Allowed  to  Vote  Who  Moved  Into  District  Within  Four 
Months  Preceeding  Election. — Persons  may  not  be  allowed  to  vote  at  a  special 
school  election  who  have  moved  into  the  district  from  another  part  of  the 
same  township  within   four  months  preceding  the  date  of  election.     To  be 
entitled  to  vote,  a  person  shall  have  resided  four  months  in  the  precinct, 
ward,  or  election  district  in  which  he  offers  to  vote  next  preceding  the  election. 
(March,  1913.) 

8.  Boundaries  of  a  Special-tax  District  may  not  be  enlarged  by  the  Legis- 
lature unless  an  election  is  provided  for  in  the  territory  which  has  not  voted 
upon  the  question  of  a  special-tax  levy.     (February  13,  1915.) 

9.  To  Vote  in  a  Special-tax  Election  which  is  held  prior  to  May  first,  a 
man  must  have  paid  his  poll  tax  for  the  preceding  fiscal  year.     That  is  to 
say,  no  man  can  vote  in  a  special-tax  election  which  is  held  between  Janu- 
ary first  and  May  first  unless  he  could  have  voted  any  time  after  May  first 
of  the  preceding  calendar  year.     (March  19,  1915.) 

10.  The  Term  "Freeholder"  does  not  include  women,  infants,  and  non- 
residents.    (January  29,  1914.) 

11.  Taxes  Must  be  Levied  Equally  on  all  residents  living  within  the  con- 
fines of  a  special-tax  district,  without  respect  to  race.     (March  25,  1914.) 

12.  No  Petition  to  Revoke  a  special-tax  can  be  approved  by  a  county 
board  of  education  so  long  as  there  is  any  debt  on  the  building  in  such  dis- 
trict caused  by  the  borrowing  of  money  from  the  county  or  the  State  over 
and  above  that  to  which  the  district  was  rightfully  due  from  general  building 
fund.     (April  30,  1914.) 

XI 

SCHOOL  PROPERTY 

(a)   General — Title  to  and  Control  of. 
(6)  Houses  and  Lands. 

(a) 

1.  Title  to  School  Property  in  District  Created  by  Legislature  Remains  in 
County  Board. — The  title  to  the  public  school  property  that  may  be  in  a 
district,  when  created  by  legislative  enactment,  which  gives  authority  to  a 
local  school  board  to  manage  the  school  affairs  of  the  district  independent 
of  the  county  board  of  education  remains  in  the  county  board  of  education, 
and  such  property  may  be  disposed  of  by  the  county  board  in  such  manner 
as  it  deems  equitable  and  just. 


120  PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA 

2.  Control  of  School  Property  Vested  in  Committee  and  County  Board.— 

Under  sections  5464  and  5412  the  school  committee  and  the  county  board 
of  education  have  full  power  to  control  the  school  property  and  to  make  rules 
and  regulations  for  its  control  in  such  manner  as  they  deem  best  for  the 
interest  of  the  public  schools  and  the  cause  of  education.  The  county  board 
of  education  unquestionably  has  the  entire  control  of  the  property  in  a  district 
in  which  the  committee  has  resigned.  (April  17,  1908.) 

3.  Proceeds  From  Sale  of  School  Property. — It  is  no  violation  of  the  spirit 
of  the  law.  to  appropriate  the  proceeds  from  the  sale  of  school  property  for 
the  purpose  of  purchasing  other  property  in  the  same  or  an  enlarged  district, 
although  the  full  per  cent  of  the  annual  fund  allowed  for  building  may  have 
been  set  aside  for  the  district. 

4.  Condemnation  Proceedings,  When  and  How  Instituted. — Under  section 
5416  of  the  Public  School  Law  the  county  board  of  education  has  authority 
to  select  a  site  for  a  schoolhouse  and  secure  the  same,  to  the  extent  of  three 
acres,  by  condemnation,  if  it  cannot  be  obtained  otherwise.     In  accordance 
with  this  section,  appraisers  shall  be  appointed  by  the  clerk  of  the  Superior 
Court  to  appraise  the  value. 

5.  Land  Acquired  by  County  Board  Does  Not  Revert  to  Heirs. — Land  ac- 
quired by  the  county  board  of  education  through  condemnation  proceedings, 
when  it  ceases  to  be  used  for  school  purposes,  does  not  revert  to  the  heirs 
of  the  original  owner,  but  as  the  board  acquires  a  title  in  fee  simple,  the 
board  can  give  a  title  in  fee  simple.     (June  12,  1911.) 

6.  Property   Deeded  for  School  Purposes;  When  it  Reverts   to   Heirs. — 

Property  deeded  for  school  purposes  to  school  trustees  or  to  the  county 
board  of  education  except  by  fee  simple  deed,  reverts  to  the  heirs  of  orginal 
owners  when  it  ceases  to  be  used  for  the  purposes  set  out  in  the  deed. 
(March  17,  1909.) 

(b) 

7.  Plans  for  Schoolhouses  Must  be  Approved  and  Buildings  Inspected. — It 
is  true  that  plans  and  specifications  for  schoolhouses  are  provided   at  the 
office  of  the  Superintendent  of  Public  Instruction.     Furthermore,  the  law  for- 
bids the  erection  of  any  public  schoolhouse  that  is  not  built  in  accordance 
with  plans  approved  by  him.     Of  course,  this  does  not  mean  that  all  school- 
houses  must  be  built  after  the  plans  and  specifications  that  have  been  pre- 
pared for  distribution  from  this  office;  but  other  plans  may  be  submitted  for 
his  approval,  as  is  often  done.     Section  5415  also  requires  all  new   school- 
houses  to  be  inspected,  received,  and  approved  by  the  county  superintendent 
before  full  payment  is  made  therefor. 

8.  Doors  of  Schoolhouses  Must  Open  Outward. — Under  the  provisions  of 
chapter  637.  Laws  of  1909,  the  doors  of  schoolhouses  having  more  than  one 
room,  whether  in  towns  or  in  the  rural  districts,  must  be  so  hung  as  to  open 
outward.     (July  12,  1909.) 

9.  One-half  of  the   Cost  of  New  Schoolhouses  May  be  Paid  by  County 

Board.— Section  5415  clearly  means  that  the  county  board,  out  of  the  building 
fund,  shall  not  pay  exceeding  one-half  the  cost  of  building  any  new  school- 
house,  the  other  half  of  the  expense  to  be  borne  by  the  district.  But  the 
board  has  complete  control  of  the  whole  subject,  and  may  forbid  the  erection 
of  a  schoolhouse  in  a  district  which  ought  not  to  exist.  It  must  be  re- 


PUBLIC  SCHOOL  LAW  OF  NORTH  CAROLINA  121 

membered  that  no  house  can  be  built  unless  it  is  built  inv  accordance  with 
plans  approved  by  the  State  Superintendent,  and  the  county  board  is  charged 
with  the  duty  of  carrying  into  effect  this  provision  to  secure  neat,  comfort- 
able and  attractive  houses.  Pamphlets  containing  plans  of  such  houses  will 
be  approved  by  the  State  Superintendent,  together  with  specifications,  esti- 
mates of  cost,  and  bills  for  materials,  will  be  furnished  by  the  State  Superin- 
tendent on  application.  Using  the  proceeds  of  the  sale  of  old  school  property 
for  new  and  better  property  is  simply  exchanging  school  property,  and  need 
not  be  accounted  for  in  the  annual  apportionment  of  the  school  fund  of  the 
county. 

10.  Public  School  Building  Not  Subject  to  Statutory  Lien.— "A  public 
school  building,  vested  in  trustees  for  public  school  purposes,  is  not  sub- 
ject to  statutory  lien  for  materials  furnished  for  its  contractor,  in  the  absence 
of  a  statute  indicating  a  legislative  purpose  to  the  contrary."  150  N.  C.,  680. 
(December  13,  1911.) 

XII 

MISCELLANEOUS 

1.  Contracts  With  Private  Schools  Authorized;  Contracts  with  Sectarian 
or  Denominational  Schools  Forbidden. — Section  5610  of  the  Public  School  Law 
expressly    gives    authority    to    the    school    committee    to    contract    with    the 
teacher  of  a  private  school,  regularly  conducted  for  at  least  six  months  in 
the  year,  to  use  the  public  school  fund  in  connection  with  the  private  school 
to  give  instruction  to  all  pupils  between  the  ages  of  six  and  twenty-one  years 
in  the  branches  of  learning  taught  in  the  public  schools,  under  the  condi- 
tions prescribed  in  that  section.     I  have  ruled  that  the  term  private  school 
does  not  include  sectarian  and  denominational  schools.    There  is,  therefore, 
not  only  no  authority  for  making  any  contract  with  these  schools  for  the 
use  of  public  school  funds,  ~but  contracts  with  such  schools  are  forbidden. 

2.  Compulsory    Vaccination;    Sanitary    Committee    May    Order. — Section 
4347,  Volume  II,  the  Revisal  of  1905,  provides  that  the  sanitary  committee  of 
the  county  may  make  such  regulations  and  provision  for  the  vaccination  of 
all  the  inhabitants  of  the  county  and  impose  such  penalties  as  they  deem 
necessary  to  protect  the  public  health.     Sections  3453  and  3455,   Volume  I, 
the  Revisal  of  1905,  make  any  person  violating  these  rules  and  regulations 
guilty  of  a  misdemeanor.     Therefore,  if  the  sanitary  committee  of  a  county 
legally   orders   compulsory  vaccination   for  the  people  of  a  town,   it   is   the 
duty  of  the  school  authorities  and  patrons  of  the  schools  to  obey  the  order. 

It  is  especially  the  duty  of  all  teachers  and  school  officers  to  inculcate 
in  children  the  spirit  of  obedience  to  law.  See  section  23.  chapter  62,  Laws 
1911. 

3.  Only  Colleges  and  Universities  Can  Confer  Degrees;  Power  Given  by 
Legislature. — Only  a  chartered  college  or  university  can  issue  a  diploma  or 
confer  a  degree.     Colleges  and  universities  have  r.o  power  to  confer  degrees 
or  grant  diplomas  unless  the  power  is  expressly  given  by  legislative  enact- 
ment.     (February  23,  1909.) 

4.  Use  of  Schoolhouse  for  Religious  Purposes. — The  school  house  is  the 
property  of  all  the  people,  built  by  the  taxes  of  all  the  people,  and  while  it 
is  under  the  control  of  the  county  board  of  education  and  the  school  com- 


122  PUBLIC  SCHOOL  LAW  OF  NOKTH  CAROLINA 

mittee,  the  continuous  use  of  it  for  the  benefit  of  only  a  part  of  the  people 
consisting  of  one  religious  denomination  is  always  subject  to  criticism  from 
some  of  the  people  belonging  to  other  denominations;  and  for  that  reason  I 
think  it  usually  unwise  to  permit  a  schoolhouse  to  be  used  continuously  as 
a  church  by  one  sect  or  denomination.  If  one  denomination  is  permitted 
to  use  it  for  this  purpose,  other  denominations  would  have  the  same  right 
to  demand  its  use,  if  needed,  and  all  sorts  of  complications  might  arise. 
I  think  the  occasional  use  of  the  schoolhouse  by  any  religious  denomination 
for  such  a  good  purpose  as  the  promotion  of  religion  among  the  people 
is  for  the  elevation  of  the  community  and  is  proper,  or  the  use  of  it  by  a 
denomination  while  they  are  building  a  church,  or  getting  ready  to  build 
a  church,  as  an  accommodation,  it  seems  to  me,  ought  not  to  be  objected  to, 
with  the  permission  of  the  county  board  of  education  and  the  school  com- 
mittee. 

5.  County  Board  of  Education  does  not  have  right  to  require  individual 
drinking  cups.     (February  7,  1913.) 

6.  The  Chairman  of  a  Board  of  Trustees  or  other  governing  body  has  only 
one  vote;  that  is,  he  may  not  vote  as  a  member  and  also  as  chairman  after 
his  vote  as  a  member  has  been  used  to  bring  about  a  tie.     (May  23,  1913.) 

7.  Vaccination  Against  Smallpox  and  other  contagious  diseases  may  be 
required   of  all   school  children   by   board   of  health   of   any   town,   city,   or 
county.     (November  25,  1913.) 

8.  Legislature  Cannot  Raise  rate  of  interest  on  school  bonds  without  pro- 
viding for  an  election  by  the  people  in  the  district  affected.     (January  28, 
1915.) 

9.  Position    on    Sub-Textbook    Commission    is    not   to    be    considered    an 
office,  and  a  member  of  the  sub-textbook  commission  may  hold  office  while 
pursuing  his  duties  as  member  of  such  commission.     (October  7,  1913.) 

10.  If  a  School  Site  Has  Been  Donated  with  the  provision  that  it  reverts  to 
owner  when  no  longer  used  for  school  purposes,  the  committee  have  a  right 
to  remove  or  sell  the  school  building,  etc.,  before  giving  up  the  site.     (July 
14,  1913.) 

11.  Absent  Voters. — Under  the  provisions  of  chapter  23  laws  1917  absent 
electors  may  vote  in  school  bond  and  special  tax  elections. 


INDEX  TO  PUBLIC  SCHOOL  LAW 


Section  Page 

Abolition  of  special  district 5531,  5532,  5533  45 

Acceptance  of  federal  vocational  education  act 5502 

Accounts    of   state   board 5390 

Action  of  county  board  reviewed  by  court 

Action  on  bond,  treasurer 5446 

Additional  powers  of  the  county  board 

Admission  of  students,  other  counties,  farm-life  school 5584 

Adopted  books  only  to  be  used 5701 

Adoption  of  high  school  text-books 5722,  5734  88,  92 

Adoption    of    text-books 5691,  5721  80,  88 

Adult  illiterates,  schools  for 5607,  5609  63 

Age   for   free  tuition 5537  46 

Agricultural  high  schools 5589  59 

board   of   trustees 5590  59 

buildings   and  equipment 5592  59 

location  _ 5591  59 

maintenance   5592 

Agricultural  and  health  authorities  cooperate  in  rural  entertainment 

Agriculture,  manual  training  and  home  economics  taught 

Aim  of  farm-life  school 5567  52 

Alcoholic  drinks,   effects  of 5541  47 

Annual  reports  state  superintendent  to  include  operations  of  loan  fund 5392 

Appeal  of  removed  officials   to  state  board 5414 

Appeals  to  county  board 5420 

Application  by  county  board  for  rural  entertainments 5630  66 

Application,  general  school  law  to  Indians 5551 

Application  of  chapter  95 13 

Application  of  teacher  filed  with  county  superintendent : 

Appointment,   board   of  examiners 5633  73 

Appointment,  school  committee 5457  28 

Apportionment,  special  tax  funds 5536  46 

Apportionment,    state   public   fund 

Appropriation,  city  schools,  by  state  for  teachers'  salaries 5482 

consolidation,  state  funds  must  encourage 5489  35- 

county  to  county  farm-life  schools 5601  61 

dental  treatment  free 5752  95 

high  school  instruction 5490,  5580  35,  56 

instruction  of  illiterates 5607 

if  number  of  districts  has  been  increased  in  county 5489 

loan  fund  for  building  plans 5672 

number  of  teachers  allowed 5490  35 

rural  libraries 5491,  5620  36,  65 

rural   recreation  work 5632  67 

state  board  of  examiners 5491  36 

state  funds  withheld  for  failure  to  teach  temperance 5555  50 

state  public  school  fund,  how  paid 5484  33 

state  to  farm-life  high   school 5599,  5600  61 

state  to  farm-life  school _.  5587 

superintendent  colored  normal  schools 5491  36 

supervision  and  inspection  of  high  schools 5492  36 

supervision   of  rural  schools 5492  36 

to  match  federal  vocational  funds 5503  39 

teacher    training 5492  36 

vocational  education,  how  used 5503,  5504  39 

vocational  funds,  state  treasurer  to  handle 5504  39 

vocational    purposes 5396  16 

Approval   of  certificates 5647  69 

Approval  of  schoolhouse  plans  by  state  superintendent 5415  21 

Arbor  day 5543,5545 

date  fixed 5543  47 

program  issued  by  state  superintendent 5545  48 

Arithmetic  to  be  taught 5541  47 

Assessment  of  property,  certified  to  tax  commission 5484  33 

Attendance,  compulsory  on  institutes ". 5640  68 

upon  summer  school  required 5640  68 

officers    5760  97 

attorney-general  member  of  state  board 5384  13 

Auctioneers'  license  taxes   (see  Public  Laws  1901,  c.  4,  s.  5) 5451  27 

Auditor  member  of  state  board 5384  13 

B 

Ballots,   special   tax   election 5527  44 

Banks  handling  school  funds,  report 5455  28 

Biennial  report  state  superintendent 5392  14 

Blanks,  budget  5493  86 


124  INDEX 

Section        Page 

Blanks  distributed  by  county  superintendent 5439  25 

Blanks  furnished  by  state  superintendent 5440,  5441  25 

Board  for  vocational  education 5393  15 

powers  and  duties  of  the  board 5394  15 

report  to  governor 5397  16 

Board  of  education,  county    (see  County  Board  of  Education) 5402,5423  17 

Board   of  education,   state 5384  13 

accounts  of,  state  treasurer  keeps 5390  14 

corporate  powers 5384  13 

expenses 5386  14 

investments  5389  14 

meetings    5386  14 

officers 5386  14 

quorum 5386  14 

record  of  proceedings . 5387  14 

reports  to  general  assembly 5388  14 

succeeds  to  literary  fund 53S5  13 

Board  of  examiners  and  institute  conductors 5633,  5658  67 

accrediting   teachers 5643  69 

appointment 5633  67 

assistants  to  board 5655  71 

certificating  teachers 5642  69 

chairman  5634  67 

county    summer    schools 5639  68 

examinations    5643  69 

institutes   5638  68 

joint  institutes    5641  69 

membership    5633  67 

negro   assistants   5641  69 

prepares    examination    questions 5651  70 

printing  5655  71 

removal  of  members 5636  68 

salaries  of 5491,  5635       36,  68 

secretary    5634  67 

special  examinations 5652  71 

stenographer  5655  71 

supervision  of  teacher  training 5637  68 

teacher  training  in  high  schools 5639  68 

term   of   office 5633  67 

to  define  different  classes  of  first-grade  certificates 5657  72 

to  review  appeal  on  certificate 5647  69 

vacancies  5633  67 

Board  of  trustees,  agricultural  high  school 5590  59 

farm-life    school 5568,  5590       52,  59 

Bonds,   ballots 5680  77 

collection   of   taxes 5683  78 

county  treasurer 5445  26 

for  city  schools 5684,  5690  78 

for  farm-life  school 5574,  5576       54,  55 

for   schoolhouses    5676,  5683  76 

issuance  of  5681  77 

law  governing  election 5680  77 

levy   of   special   tax 5681  77 

liability  of  officers 5683  78 

limit  of   amount 5678  77 

order  of  election 5677  77 

petitioned  for  a  second  election 

proceeds  of  bonds  sold  to  be  paid  out  upon  the  order  of  the  committee..  5682  78 

sinking  fund  invested , 5682  78 

sold,   county  board  holds   funds 5682  78 

to  be  sold  by  county  board 5682  78 

Bookcases  furnished  by  county  board  of  education 5621  65 

Boundaries   of  graded   school   district  coterminous   with    corporate   limits   of 

city   5479  32 

Branches    to   be   taught 5517,  5518,  5541,  569841,47,82 

Budget  5485,  5493,  5501       33,  36 

aid  for  indigent  children 5764  98 

blanks  5493  36 

contents  of  5493  36 

funds  for  adult  schools 5608  63 

provides  expense  of  orphanage  children  attending  public  schools 

Bulletins,  agriculture,  manual  training,  home  economics 5556,  5557  50 

Building    contracts  

must  be  in   writing 5670  75 

farm-life  school  5571,  5572  53 

fund    5487,  5496       34,  37 

apportioned  to  city  schools 5496 

can  bear  only  half  cost  of  new  house 5670  75 

loans  5671,  5675  75 

on  school  site  not  owned  by  county  board 5450 

repairing,   contracts   for   schoolhouse 5670 

to  be  approved  and  accepted  by  county  superintendent 5670  75 

Business  colleges  to  be  licensed 5775,  5780  100 


INDEX  125 


Section        Page 

Called  meetings  board  of  education 5410  19 

Census    5740,5746  93 

false  returns,  misdemeanor 5746 

blanks   furnished   by   county   superintendent 93 

one-fifth  district  must  attend 5540 

reports,  contents  of 5740 

when  filed  5741  93 

taker  93 

compensation   5743 

to  report  blind  children 5771  99 

to  report  deaf  children 5767  99 

to  be  furnished  to  teacher 5744  94 

Certificates,  approval  of 5647 

as  to  assessment  of  property 5484 

as  to  teacher's  health 5659,  5660  72 

classes  of  5657  72 

county  superintendent  5425,  5657       23,  72 

first  grade  5657  72 

not  to  issue  to  person  under  eighteen  years  of  age 

of  teacher  in  private  school 5612 

prerequisite  to  employment 

second   and   third   grade 5646 

of  teacher  in   farm-life  schools 57 

Children  excluded  from  school 5417  22 

in  orphanages  attend  public  school 5604,  5606  62 

physical  examination  of 5747,  5752  94 

transferred  from  one  county  to  school  in  another  county 5476  31 

Cities  and  towns,  bonds 5684,  5690  78 

special  tax   5519,  5522 

City  schools,  appropriation  from  building  fund 5496  37 

appropriation  for  teachers'  salaries 5482       .      33 

incidental  fund  apportionment 5495  37 

report  to  state  and  county  superintendent 5383  13 

treasurer  of  reports 5451  27 

City  superintendent  approves  certificates 5647 

issues   second-   and   third-grade   certificates 5646 

Civil  government  to  b^  taught 5541  47 

Civil  liability  of  sheriff  for  failure  to  settle  school  taxes 5500  38 

Clerks  of  courts  report  fines 5497  38 

Closing  school,    nonattendance 5540  47 

time    of,    fixed 5412  19 

Collection  of  school  taxes,  state  and  county 5500  38 

special  tax  5507,  5513,  5521,  5523,  5528       40,  41 

42,  43,  44 

College  degrees,  commission  regulates 5398,  5401  17 

college   commission   created 5399  14 

commission  empowered  to  grant  license  to  confer  degrees 5400  17 

inspection  of  institutions 5401  17 

revocation  of  license 5401  17 

right  to  confer  degrees  restricted 5398  17 

Commercial  schools    5775,  5780  100 

Commission,  state  education   (see  Public  Laws  1917,  c.  197) 

apportionment  special  tax  funds 5536  46 

care  of  property 5464  29 

census  of  deaf  and  dumb  and  blind  children 5440  25 

chairman  of  5463  29 

compensation 5462  29 

contract  with  private  school 5610  63 

designate   census   taker 5742  93 

dismissal  of  teacher 5661  73 

district    or    township 5457  28 

election  of  5457  28 

employs    teachers 5661  73 

expenditures  by  5466  29 

furnish   census   to   teacher 5744  94 

illiterates,    reported   by 5740  93 

meets  for  the  employment  of  teachers 5662  73 

not  to  overdraw  account 5466  29 

oath  of  office 5459  29 

records   5467  30 

removal   of   5414  20 

reports   census   annually 5740  93 

report,  deaf,  dumb,  and  blind  children 5440  25 

report  value  of  school  property 5468  30 

secretary   of   5*63  29 

sign  order  for  teacher  salaries 5669  74 

special  tax  districts 5536  46 

term   of   office , 5458  29 

township    high    school 5514  41 

women   may  serve  on 5539  46 

Committee  5457,  5468 

Committeemen  not  eligible  as  teachers 5663  73 

Commissioners  of  county  to  levy  required  tax 5486  34 


126  INDEX 

Section  Page 

Composition  to  be  taught 5541  47 

Compulsory  attendance  5758,  5762  96 

age  limits 5758  96 

enforcement    5759  96 

exemptions    5758  96 

prosecutions    5760  97 

reports  5760  97 

rules   and    regulations 5759  96 

of  blind  children 5769,  5774  99 

of   deaf   children 5765,  5768  98 

of  indigent  children 5763,  5764  98 

violation  of  the  law  misdemeanor 5761  97 

Condemnation  of  school  property 5416  21 

Conduct  of  teachers  and  pupils,  regulations  as  to  attendance 5412  19 

Consolidating  districts 5473  31 

appropriation  must  encourage 5189  35 

Constitution  of  North  Carolina  and  United  States  to  be  taught 5541  47 

Constitutional   limitation,    poll  tax 5486  34 

Constitutional  provisions  in  re  education 5537  46 

Constructions  of  public  school  law 103 

authority  for  5392  14 

committee  and  trustees Ill  108 

compulsory  school  law A  104 

county  board  of  education I  104 

county  superintendent II  107 

libraries  VIII  116 

loans  _ VIII  116 

miscellaneous    XII  121 

patrons  and  pupils V  111 

school  districts VI  113 

school  funds  IX  116 

school  property  XI  119 

special  tax  district X  118 

teachers   IV  109 

Contempt  of  county  board 5418  22 

Contents  county  superintendents'  report  to  state  superintendent 5442  26 

Contingent  fund  5487,  5495  34,  37 

Contiguous  counties,  schools  districts  formed  from 5471  30 

special  tax  districts 5529  44 

Contiguous  territory,  votes  special  tax 5530  44 

Contingent  expenses  state  board 5386  14 

Contracts  for  school  buildings  in  writing 5415,  5670  21,  75 

Contracts  with  private  schools 5610,  5617  63 

Corporate  powers,  state  board 5384 

Cost  of  building,  one-half  from  building  fund 

County  authorities  to  cooperate  with  vocational  board „ 5397  16 

County  commissioners  levy  tax  for  six  months  school 5486  34 

County  board  of  education 5402,  5423  17 

additional  powers  of 5412  19 

appoint  attendance  officer,  may 5760  97 

appoints  trustees  of  farm-life  school 5568 

appropriates  for  farm-life  schools 5588  59 

appropriates  for  library .'. 5618,  5624  64 

authorized  to  aid  indigent  children 5764  98 

changes  boundary  lines  between  special  school  districts 

children  excluded  from  school.... 5417  22 

close   schools,    may 5540  47 

compensation  of    (see  Revised  Statutes) 

consolidates  schools  5473 

contracts  for  all  new  schoolhouses 5415,  5670  21,  75 

directed  to  pay  teachers  promptly 5669 

dismissal  of  teacher 5412  19 

districts,  special  tax,  formed  by 5523  42 

donations  to  5416  21 

duties  at  July  meeting 5411  19 

duties  at  meetings 5410  19 

elections  by  general  assembly 5404  18 

election   of  county  superintendent 5424  23 

eligibility  for  office 5409  1 9 

estimate  for  six-months  term 5486 

examination  reports  of  superintendent  and  treasurer 5411 

fix  the  date  for  opening  and  closing  schools 5412  19 

fixes  method  of  conducting  schools 5412  19 

fix  salary  schedule 5494  36 

fixes  salaries  of  teachers 5668  74 

general  control  of  all  school  matters 5412  19 

general   powers   5402,  5412  17,  19 

gifts,  grants,  donations  to  be  received 5416  21 

holds  proceeds  of  bond  sale 5682 

incorporation    5402  17 

investigates  character  of  teachers 5412  19 

invests  sinking  fund 5682 

July  meeting  with  county  superintendent  and  treasurer 5411  19 

lays  out  schoel  district 5469  30 


INDEX  127 

Section  Page 

list  fines   reported  to 5497  38 

loans  to  districts 5675  76 

local  variation  as  to  number  of  members 5403  18 

may  close  school  for  nonattendance 5540 

may  punish  for  contempt 

may  require  reports  of  treasurer 5452  27 

meetings,   number  of 5410 

members  may  be  removed 5414 

members  of,  cannot  teach 5663 

members   to  qualify 5406  18 

money  not  to  be  spent  on  house  except  built  by  approved  plans 

must  use  approved  plans  of  houses 

must  obey  instructions  of  state  superintendent 5392 

nominations  by  county  primaries 5404 

number  of  members 5403  18 

oath  as  to  provision  for  six-months  school  term 

other  powers  and  duties 5412 

pay  not  over  one-half  cost  of  schoolhouse 5415,  5670       21,  75 

per  diem  5495  37 

petitions  for  bonds 5676  76 

petitions  for  special  county  tax 5505  39 

powers    5412 

power  to  create  and  abolish  districts 5469  30 

power  to  make  regulations  to  secure  attendance 5412 

provides  separate  schools  for  Indians,  certain  counties 5548 

publication  of  annual  statement 5410 

punishes   for  contempt 5418  22 

redistrict  county  5473  31 

regulates  appeals  from  county  officers 5420 

remove  county  superintendent,  may 5414  20 

removes  member  of  county  board  of  education 5414 

removes  school   committeemen 5414  20 

rules  governing  general  conduct  of  schools 5412  19 

secretary  of,  keeps  index  of  deeds 5422  22 

sells  bonds  5682  78 

sells  unnecessary  school  property 5416  21 

site  of  school  may  be  condemned 5416  21 

special  county  taxation  for  schools 5505  39 

submits  budget  5455  33 

submits  certificate  to  state  tax  commission  as  to  assessment 5484  33 

subpoenas  witnessed 5418  22 

suits  and  actions  prosecuted 5417  22 

term  of  office 5404  X8 

title  to  property  purchased  vested  in  county  board 5417  22 

transfer  persons  to  special  tax  districts 5478  31 

vacancies  in  nominations 5407  18 

vacancies   in  office 5404  18 

vacancies,   non-election  by  general  assembly 5404  18 

County  board  of  elections  provides  nominations 5405  18 

County  budget    5493,  5501  36 

aid  for  indigent  children 5764  98 

expenses  orphanage  children  provided  for 5605  63 

schools  for  illiterates 5608  63 

County  commissioners  appoint  special  tax  election  officers 5527  44 

County  high  schools  give  farm-life  instruction 5589,  5601  59 

County   farm-life   schools 5556,  5588       50,  59 

County  must  levy  special  tax 5485,  5486       33,  34 

County  not  compelled  to  levy  more  than  35  cents  for  teachers'  salaries 5486  34 

County  primaries,  nomination  of  county  board 5404  17 

County  school  statistics 5439  25 

County  special  school  tax 5505,  5510  39 

levy  and  collection 5507  40 

election  expense 5510  40 

County  summer  schools  for  teachers 5639  68 

County  superintendent  public  instruction 5424,  5443       23,  26 

administers  oaths  5433  24 

advises  committeemen  5439  25 

advises  teachers 5432  24 

annual  report  5442  26 

approves   certificates   5617  69 

approves  course  of  study  of  agricultural  high  schools 5594  60 

attends  state  and  district  meetings 5436  24 

certification   of   5425,  5657       23,  72 

city  schools   report  to 5383  13 

conducts   examinations    5646  69 

distributes  blanks  and  books 5439  25 

election  5424  23 

election  reported  5429  23 

eligibility  5425  23 

expenses  5436,  5405       24,  37 

files  lists  of  fines  with  board 5500  38 

gathers  statistics  5439  25 

Tiolds  teachers'  meetings 5435 

indexes  deeds  5422  22 


128  INDEX 

Section  Page 

inspects  and  receives  buildings 5415,  5670  21,  75 

issues  second-  and  third-grade  certificates 5646  69 

joint  appointment  of  by  two  counties 5430  23 

joint  employment  in  cities  and  towns 5431  24 

keeps  an  index  of  deeds 5422  22 

looks  after  fines,  forfeitures,  and  penalties 5437  25 

monthly  report  5441  25 

must  approve  election  of  teachers 5664  73 

must  attend  state  and  district  association 5436  24 

must  hold  certificate 5644  69 

must  make  monthly  report 5441  25 

not  to  sign  teacher's  voucher,  when 5664  73 

not  to  teach 5426  23 

oath  of  office 5427  23 

office  at  county  seat 5424  23 

provides  reports  on  deaf,  dumb,  and  blind  children 5440  25 

qualification    5425  23 

reports   5411  19 

reports  to  deaf,  dumb,  and  blind  institutions 5440  25. 

removal  from  office 5443  26 

salary  of    (see  Consolidated  Statutes) 

secretary  to  board  of  trustees  farm-life  school 5568  52 

secretary  to  county  board 5438  25 

signs  all  vouchers  for  teachers'  salaries 5664  73 

suspends  teachers  5432  24 

term  of  office 5424  23 

to  furnish   census  blanks 5741  93 

to  report  blind  children 5771  99 

to  report  deaf  children 5767  99 

to  reside  in  county 5426  23 

vacancy  in  office  of 5428  23 

visits   schools   5434  24 

withholds  approval  of  final  voucher  until  all  reports  are  made 5667  74 

County  superintendent  of  public  welfare  to  prosecute 5762  97 

County  treasurer,  bond 5417  22 

bond    5445  26 

disbursements 5450  27 

orders   libraries   5621  65 

reports  5411  19 

salary 5495  37 

treasurer  for  farm-life  school 5585  58 

treasurer   school   fund 5444  26 

Course  of  study 5541,  5563       47,  51 

farm-life  schools  5567  52 

Criminal  liability  of  sheriff  for  failure  to  settle  taxes 5500  38 

D 

Daily  attendance  necessary  for  appropriation 5490  35 

if  less  than  15  pupils,  no  appropriation 5489  35 

Deaf  children,   compulsory  attendance 5765,  5768  98 

Date  for  payments  of  loans 5673  7& 

Day,   what  constitutes   school  day 5668  74 

Deaf,  dumb  and  blind  children,   census  reports 5440  25 

Deeds  to  county  board  of  education 5422  22 

deed  for  property  sold  executed  by  chairman  and  secretary  of 5423  23 

indexed    5422  22 

Defective   children 5440  25 

Denominational  school,  no  contract  with 5610  63 

Dental   treatment  5752  95 

Disagreement,  county  board  and  county  commissioners  as  to  levy 

Disbursement  school  fund  5450  27 

Discipline,   regulation   of   5412  19 

Discrimination  against  any  race  forbidden 5538  46 

Dismissal  of  teachers   : 5412  19 

Distribution  blank  forms  by  county  superintendent 5439  25 

Districts 5469,  5479  30 

accounts    5449 

teachers'  association  meetings  5436 

boundaries   changed  5474  31 

consolidated    5473 

transportation  of  pupils   

containing  cities  or  towns,  special  tax 5523,  5525 

creation   of   limited 

formed   of   contiguous    townships 

graded  school,   boundaries   of 5479 

graded   school,   incorporated   5479 

how  formed   5469  30 

in  cities  enlarged  5478 

loans  to  by  county  boards 5675  76 

must   have    65    census 

not  to  be  abolished,  when 

number  of  limited  

of  portions  of  contiguous  counties 5471 


INDEX  129 

Section       Page 

of  portions  of  contiguous  townships 5470  30 

special,  how  abolished  5531,  5532,  5533  45 

special,   how  enlarged  - 5530 

special-tax  districts,  transfer  of  persons  into 5478 

special  tax   in   5526,  5536  43 

special  tax   increased    5535  45 

special  tax  levy  reduced 5483,  5508       33,  40 

special  tax  levy  restored 5534 

District  superintendent   5383,  5431       13,  24 

Donations  may  be  accepted  by  county  board 

Drawing  must  be  taught  5541  47 

Duties,   county  superintendent,   failure  to  perform 

teacher    5666,  5667  73 

Duties   and  powers,    county  board 5412,  5416       19,  21 

state  superintendent 5392 

acquaints  himself  with  local  educational  wants 

delivers  lectures   5392 

enforces  and  construes  school  law 

investigation  of  other  school  systems 

looks  after  schools  5392  14 

publishes   necessary  educational  bulletins 

publishes  school  law  5392  14 

receives    evidence    as    to    county    superintendent's    performance    of 

duties  5392  14 

reports  biennially  to  governor 14 

sends  circular  letter  to  school  officers 5392 

signs  requisitions  on  auditor 5392 

travels  in  connection  with  loan  fund 5392  14 

E 
Educational  commission,  an  act  to  create  (see  c.  197,  Public  Laws  1917). 

Educational  opportunities  not  to  be  limited 5489 

Education  in  our  constitution 

Effects   of   narcotics   taught 5541  47 

Election,  county  boards  5404 

county  superintendent  

county  superintendent,  reported  5429 

farm-life  school  board  5568 

for  bond  issue 5676  76 

for   kindergartens    5602  62 

in  county  to  establish  farm-life  school 5573 

in  township  to  establish  farm-life  school 5575,  5577,  5578       54,  55 

special  county  school  tax,  rules  governing 5506,  5509  40 

special-tax  district,  how  called  5526 

special  county  school  tax 5505,  5509  39 

to  enlarge  special-tax  district 5530  44 

township  high  school   tax 5511  40 

Elementary  branches  in  high  school 5517  41 

Eligibility,   county  superintendent  5425  23 

school   committee   5461  29 

Elimination  of  small  schools 5489  35 

Employment  of  teachers  5644,  5661,  566547,51,52 

without  certificate  unlawful  5656 

Encouragement  of  high  school  instruction 5490  35 

Enforcement  of  school  law  by  state  superintendent 

English  grammar  to  be  taught 5541 

Enlargement  of  graded  school  districts  in  towns 5478  31 

of  libraries  5624  65 

of  special-tax  district  5530  44 

Enforcement  of  compulsory  attendance 5759,  5760       96,  97 

Entertainments,    rural    5629  66 

Equalizing   fund  5486  34 

Equalization  of  school  term 5486  34 

Equipment,  county  agricultural  high  schools 5592  59 

Establishing  a   library  5618  64 

Establishment  of  farm-life  schools 5566  52 

Estimate  building  fund  5496  37 

incidental  fund,  basis  of 5495  37 

salary   fund,   basis    of 5494  36 

six-months  school  term  5486,  5493       34,  36 

Estrays,  proceeds  of  sale   (see  Public  Laws  1901,  c.  4,  s.  5). 

Examinations    , 5643,  5652,  5653       69,  71 

dates    for    5652  71 

grading  papers  5655 

how    conducted    5653  71 

of   school    children   • 5747,  5752       69,  71 

of  teachers  of  temperance 

questions   printed   and   distributed 

questions,   tampering  with   a   misdemeanor 

teachers'  manual   training,   home  economics,   agriculture 5561 

transmission   of   papers    5653 

Examiners  and  institute  conductors 5633,  5658  67 

Examines  books,   vouchers  and  accounts,   county  treasurer.... 5410  19 

9 


130  INDEX 

Section        Page 

Exchange  of  libraries  5623  65 

Exemption  certain  schools  from  chapter  95 13 

compulsory    attendance    5759  96 

Execution  of  school  laws 5412 

Executive  committee  fills  vacancy  in  nomination  county  board 5407  18 

Expenditures,   school  committee,    limited 5466 

Expense  of  county  superintendent 5436,  5495       24,  37 

of  orphanage  children  attending  public  schools 5604,  5605       62,  63 

special  tax  election  5527  44 

state  board  5386  14 

treatment  of  defective  pupils 5751 

Extension  and  demonstration  work 5582  57 

F 

Failure  commissioners  to  make  levy  a  misdemeanor 

county  treasurer  to  make  report,  misdemeanor 5456 

member  of  county  board  to  qualify  creates  vacancy 5406  18 

sheriff  to  settle  school  tax 5500 

treasurer  to   report,   misdemeanor 5456  28 

Farm-life  high  schools  5589,  5601  59 

aim  5593  60 

appropriation  by  state  5599,  5600  61 

county  appropriations  limited  

authority  of  high  school  principal 5595  60 

board  of  trustees  

buildings  and  equipment  

course  of  study  5593  60 

extension  work  5598  60 

faculty  5594  60 

location   5591 

maintenance    5592 

qualifications   of  teachers    5596  60 

schedule  of  work  5594  60 

students  from  other  counties 5597  60 

tuition   5597  60 

instruction  in  county  high  school 5589,  5601       59,  61 

Farm-life  school  5566  52 

aim  5567 

maintenance    5571  53 

admission   of  students   

appropriation    

board   incorporated   5586  58 

bonds  5574,  5576       54,  55 

building  5571,5572  53 

course  of  study  5567 

election  in  county  to  establish 5573  53 

election  in  township  to  establish 5575,  5577,  5578       54,  55 

established    5556,5588       50,59 

extension  work  5582  57 

farm  5571  53 

funds  from  county  board 

high  school  course  of  study _ 5580  56 

located  5570  52 

number  limited  5587  58 

powers  of  board  5586 

short  courses  5583  57 

teachers  certificated  5581  57 

teachers,  elected  57 

treasurer  5585  58 

treasurer  receive  no  commission  on  bonds 5574  54 

trustees 5568 

vocational  board  approves  course  of  study 5567 

Federal  and  state  cooperation  in  vocational  education 5502,  5504 

Federal  appropriation  for  vocational  education  matched 5503 

Federal  vocational  act  accepted 5502  39 

Fines,  forfeitures  and  penalties 5437  25 

lists  of  filed  5497  38 

Fire  prevention  to  be  taught 5542 

Fiscal  school  year 5501  39 

Forfeitures  belong  to  school  fund   (see  education  in  our  constitution) 3 

Formation  of  special-tax  districts 5526  43 

Forms  to  be  printed  by  state  superintendent 5393  15 

Free  dental  treatment  5752 

Free  examination  of  teachers 5659  72 

Freeholders,   petition   for  local   tax 5526  66 

Funds,  apportionment  special  tax 46 

for  buildings   and  incidental  expense 5487  34 

for  salaries  5494 

repayment  of  loans  5674 

state  public  school  5481 


INDEX  131 

G 

Section       Page 

General  powers,  county  board 5402  17 

Geography  to  be  taught 5541 

Gifts  of  school  property 5416 

Governor  member  of  state  board 5384 

Government,  elements  of  civil,  taught 5541 

Graded  school  districts,  boundaries  coterminous  with  city  boundaries 5479 

incorporated    5479 

H 

Health  and  agricultural  authorities  cooperate  in  rural  entertainment 5631  67 

Health  certificate  required  for  teachers 5659,  5660 

High  school,  appropriations,  rules  and  regulations  governing 5490 

certificate     5657  72 

course  of  study  in  farm-life  schools 5580  56 

department  for  farm-life  school 5580 

for  townships   

pupils  attend  in  adjoining  county 5413 

subjects  may  be  taught  in  public  schools 5518  41 

text-books,   adoption   5722,5734 

History  to  be  taught 5541 

Home  economics,  agriculture  and  manual  training 5556,  5565 

in  high  schools 5589 

Houses  must  be  built  according  to  approved  plans 5670 

How  township  high  school  tax  may  be  voted 5511  40 

Hygiene  to  be  taught 5541  47 

I 

Illiterates,    funds   for  schools 5608  63 

instruction   of  5607,5609  63 

reported  by  committee  

Incidental  expense  fund  

basis  of  estimate  5495  37 

rental  of  text-books 5637  68 

Incorporation,  county  board  5402  17 

graded  school  districts  5479  32 

rural  communities  5629  66 

Increasing  levy  in  special  district 5535  45 

Index  of  deeds  to  school  property 

Indians   certain  counties,   separate  schools 5546,  5551 

Sampson,   Robeson  and   Richmond   counties 5538  46 

Indigent  children  aided  5764  98 

books   for  5637  68 

to  attend  school  5763,  5764 

Inefficient  county  school  officials  removed 5414  20 

Inspection  of  school  buildings 5670,  5672 

Installment   on   loans    5673  76 

Institutions  for  deaf,  dumb  and  blind,  census  reports  to 5440  25 

Institutes 5638  68 

different  races  separate  5641  69 

schedules     5642  69 

when    held    5642  69 

Instruction  in  temperance  5552,  5555 

Investigation  as  to  indigency  of  child . 5763  98 

teacher's   character   ...     ......................*.„........................................................... 5412  19 

violations  of  attendance  law 5762  97 

Investments,  state  board  5389  14 

Itemized  statement  of  receipts  and  expenditures  published  by  county  board..  5410  19 

J 

Joint  appointment,    county  superintendent 5430 

Justices  of  the  peace  report  fines 5497  38 

K 

Kindergartens   5602,5603  62 

teachers  5603  62 

L 

Language  lessons  to  be  taught. 5641  69 

Lease  of  school  grounds  in  cities 5465  29 

Levy  and  collection  special  tax 5507,  5513,  5521,  5528  40,  41 

42,44 

special  tax  reduced  5483,  5508  33,  40 

Liability  of  sheriff  for  school   taxes 5500  38 

Libraries     5618  64 

additional    5626  66 

appropriation    for    5627  66 

cities  and  towns  excluded 5628  66 

enlarged    5618,  5624  64,  65 


132  INDEX 

Section  Page 

exchange  of  5623  65 

how    established    5618  64 

how  selected  5619  65 

management  of  5619  65 

not  to  be  aided  in  cities 5628  66 

number  of  limited  

reports  to  be  made  to  the  state  superintendent 

rules  and  regulations  by  state  superintendent 5622  65 

state  aid  5620  65 

bookcases    „ 5621  65 

Licenses   for  commercial  schools 5775  100 

proceeds  auctioneers   (see  Consolidated  Statutes). 

Limitation  of  poll  tax -5486  34 

building    fund   '. 5496 

creation  of  new  district 5472  30 

Lieutenant-governor,  member  state  board 5384  13 

Lists  books  for  rural  libraries 5619 

fines  filed  with  county  board  of  education 5497  38 

Literary  fund  5385,  5480       13,  32 

Loans     5671  75 

county  boards  to  districts 5675  76 

how  made  5673  76 

how    repaid    5674  76 

how  secured  and  paid 5674  76 

made  by  state  board 5671  75 

school   districts   5675  76 

Location  of  farm-life  schools  5570  52 

M 

Maintenance  farm-life  school  5571  53 

Mandamus  to  compel  county  commissioners  to  make  levy 

Manual  training,  agriculture,  and  home  economics 5556,  5565       50,  52 

Maximum  salary  teacher  fixed  by  county  board 5494  36 

May   budget  5486  34 

county  board  of  education 5410     •        19 

Meetings,   committee  5463,  5662       29,  73 

state  board  5386  14 

teachers !.!/.™!!!!l™!"™!!"!l"!!"!"!™""ll!!!ll!ll!!!l!l!™"!!"".".!".".!""..."..  5435  24 

Members  county  board,   oath  of 5406  18 

state   board,   who  5384  13 

Membership,   board  of  examiners 5633  67 

school   committee   5457  28 

Month,   what  constitutes  5668  74 

Monthly  report,  county  superintendent 5441  25 

Moral  character  of  teachers 5412  19 

Moving  pictures  for  rural  communities 5629  66 

N 

Negroes  may  not  attend  white  schools 5538  46 

New  libraries  5626  66 

No  race  discrimination  5538  46 

Nomination  of  county  boards 5404  18 

provided  by  county  board  of  elections 5405  18 

Nonattendance,  schools  closed  5540  47 

Nonresidents,  tuition  credits  5477  31 

Notes  for  school  loans  deposited  with  state  treasurer 5673  76 

November  budget  5485  33 

Number  of  libraries  allowed 5625  66 

Number  of  members  of  county  boards 5403  11 

school    committee  5457  28 

O 

Oaths  administered  by  county  superintendent 5433  24 

Oath  as  to  provision  for  six-months  school  term 5485,  5486       33,  34 

Oath  of  office  county  board  members 5406  18 

school    committee   5459  29 

county   superintendent   5427  23 

Office   records   county   board 5438  25 

county  board  of  education,  vacancy  in 5404  18 

county   superintendent   5424  23 

days  county  treasurer  5450  27 

school    committee   5457,  5468  28 

state  superintendent  must  be  at  capitol 5391  14 

Officers  obey  instructions  state  superintendent 5392  14 

state    board    5386  14 

Opening  of  schools,   time  fixed 5412  19 

Organization,  school  committee  5463  29 

Orphanages,  children  at,  attend  public  school 5604,  5606  62 


INDEX  133 


Section 

Payment  for  schoolhouse  5415  21 

Penalties     5437  25 

Per  diem  county  board  of  education 5495  37 

Permanent  school  fund,  what 5480  32 

Petition  for  bond  election,   contents  of 5677  77 

special  city  or  town  school  tax 5519,  5523 

special  county  tax  5505  39 

special   district   tax   5526  43 

special  high  school  township  tax 5511  40 

Physical  defects  of  pupils  treated 5751  95 

Physical  examination  of  pupils 5747,  5752  94 

made   by   teachers    5748  94 

made  under  rules  of  state  superintendent  and  state  board  of  health 5747  94 

record  cards  to  be  sent  to  state  board  of  health 5749 

reexamination   of  pupils   5750  95 

Physiology   taught   5541  47 

Place  of  meeting  state  board 5386  14 

Plans  used  for  building  schoolhouses 5670,  5672  75 

Pollholders  for  special-tax   election 5527  44 

Poll    taxes    5498,  5499  38 

limited 5486  34 

Power  of  county  board  to  punish  for  contempt 5418 

Powers  and  duties,  board  for  vocational  education 5394  15 

state  superintendent  5392  14 

acquaints  himself  with  local  educational  wants 5392  14 

delivers   lectures   5392  14 

enforces  and  construes  school  law 5392  14 

investigation  of  other  school  systems 5392  14 

looks  after  schools  5392  14 

publishes  necessary  educational  bulletins 5392  14 

publishes  school  law  5392  14 

receives    evidence    as    to    county    superintendent's    performance    of 

duties  5392  14 

reports  biennially  to  governor 5392  14 

sends  circular  letters  to  school  officers 5392  14 

signs   requisitions   on   auditor 5392  14 

travels  in  connection  with  loan  fund 5392  14 

Preservation  of  school  property 1...5402,  5417       17,  22 

President  of  state  board , 5386  14 

Private  schools,   contracts  with 5610,  5617  63 

Privies  for  schools  5753,  5757  95 

Proceedings,  state  board  5387  14 

Property,   literary  fund  5480  32 

purchased,    deeds   for   5422  22 

sold  deed  executed  '.'..'. ". "".'...".'"...'.           5423  23 

proceeds    5423  23 

Property  taxes  """"I""...!""....""...."" " ""...."."...!.".™"5498,  5499  38 

Public  funds,  schools  receiving  must  report 5383  13 

Public  school  fund,  state 5480,  5492       32,  36 

Public  school  law  to  be  printed 5394  15 

Public  schools,  children  in  orphanages  attend 5604  62 

general  authority  of  county  board 5412  19 

system    uniform    5537  46 

Publication  of  annual  statement  by  county  board 5410  19 

Pupil  dismissed  from  school 5666  73 

interchanged  by  counties  5476  31 

rules  for  attendance  5412  19 

Q 

Qualifications  members  board  of  education 5409  19 

county  superintendent 5425  23 

school  committeemen  5461  29 

Quorum,  state  board  5386  14 

R 

Races,  separation  of  5538  46 

Reading  to   be  taught „ 5541  47 

Recommendations,    state    superintendent    5392  14 

Record  of  proceedings  of  county  board 5438  25 

school  committee  must  keep 5467  30 

state  board  5387  14 

Redistricting   county   5473  31 

Reduction  of  special  tax  levy 5483,  5508       33,  40 

Register  of  deeds  to  furnish  abstracts  of  lists  to  county  board 5499  38 

Registrar   for  special-tax   elections 

Registration,   special-tax   election   5527 

Removal  of  county  superintendent 5414,  5443       20,  26 

member  of  county  board  of  education 5414 

member  of  board  of  examiners 5636  68 

school    committeemen   5414,  5420,  5421       20,  22 


134  INDEX 

Section  Page 

teacher    5420,  5421,  5432,  5661  22, 24,  73 

Rental  of  text-books  5735  92 

Repayment  of  loans  5674  76 

Repairing    schoolhouses    5670  75 

Reports,  committee  on  school  property 5468  30 

compulsory  attendance  5760  97 

county  superintendent,  on  instruction  in  manual  training,   agriculture, 

and  home  economics  5565  52 

county  superintendent  to  state  superintendent 5442  26 

county  treasurer  5449,  5451,  5452  27,  28 

fines,  forfeitures  and  penalties 5437,  5497  25,  38 

schools  receiving  public  funds 5383  13 

special  charter  schools  must 5383  13 

state  board  for  vocational  education 5397  16 

state  board,  to  the  general  assembly 5388  14 

state  superintendent  to  governor 5392  14 

state  treasurer  to  legislature 5390  14 

teachers  5667,  5760  74,  97 

treasurer  required  5451,  5452  27 

Requirements  necessary  to  receive  state  fund 5490  35 

Rules,  establishment  of  township  high  schools 5511  40 

Rulings  of  state  superintendent 103 

committee  and  trustees Ill  108 

compulsory  school  law A  104 

county  board  of  education I  104 

county  superintendent II  107 

libraries  VIII  116 

loans  VIII  116 

miscellaneous   '. ".".'. ....            XII  121 

patrons  and  pupils           .                                                                                                          V  111 

school   districts  \ VI  118 

school  funds  IX  116 

school  property  XI  119 

special-tax    districts    X  118 

teachers  IV  109 

Rural    libraries 5618  64 

appropriation    for    5491  36 

Rural  recreation  work  5629,  5632  66 

appropriation    for   5632  67 

cost  of  5629  66 

Residence,   county  superintendent....                                                                                        5426  23 


Salary  board  of  examiners 5635  45 

county  treasurer    (see  consolidated  statutes) 5495  37 

fund   5494  36 

schedule,  may  be  fixed 5494  36 

state  board  of  examiners 5491  36 

superintendent  colored  normal  school 5491  36 

teachers    . 5494,  5668,  5669  36,  74 

teachers,   appropriation   for   5490  35 

teachers  fixed  by  county  board 5668  74 

Sale  of  school  property 5416  21 

School   age  5537  46 

School  board,  member  not  an  officer 5539  46 

women   eligible   to   5539  36 

School   budget   5485  33 

School  buildings,   contract  for 5415  21 

received  and  approved  5415  21 

School    census    5740,  5746  93 

School  committee  5457  28 

appointment    5457 

compensation     5462  29 

contracts  with  private  school 5610  63 

control  over  special-tax  funds 5514,  5536  41,  46 

eligibility     5461  29 

employment  of  teachers  5661,  5662 

expenditures    5466  29 

keeps   records  of  receipts,  expenditures  and  contracts 5467  29 

membership    5457  29 

organization     5453  28 

powers  as  to  school  property 5464  29 

purchase  of  supplies  5466  29 

removed  5414  20 

reports  on  school   property 5468  30 

special-tax   district  apportions  funds 5514,  5536  41,  46 

township   high   school  5515  41 

vacancies     5460  29 

School  day,  length  of  5668  74 

School  districts   5469,  5479  30 

created  by  county  board 5469  30 

each  race  separate  5469  30 


INDEX 


135 


Section  Page 

how   formed  5469  30 

must  have  65  census 5472  30 

School  extension  work   5629,  5632  66 

School,    farm-life    5566,  5601  52 

Schoolhouse,   building  of   5670  75 

loans     5671  75 

plans  to  be  approved  by  the  state  superintendent 5670  75 

School  for  illiterates  a  part  of  the  public  school  system 5607  63 

School   fund,   disbursement   5450  27 

not  to  be  paid  to  teachers  who  do  not  hold  certificates 5656  71 

receipts   and   disbursements    5447,  5448  26,  27 

treasurer  of  5444  26 

School   grounds   leased   5465  29 

law  applicable  to  Indians 6551  42 

execution    of    5412  19 

to  be  published  5392  14 

month  defined  5668  74 

month,  length  of 5668  74 

officers  to  obey  instruction 5392  14 

privies   5753  95 

property    5416  21 

control  of  committee 5464  29 

may  be  sold  5416  21 

site,  title  must  be  vested  in  county  board 5450  27 

sites   condemned   5416  21 

how    acquired    5416  21 

system    5537  46 

taxes  as  they  appear  on  tax  lists 5498  38 

taxes  in  separate  column 5498  38 

term  to  be  continuous 5668  74 

township  high  5511  40 

year    5501  39 

closed  for  nonattendance  5540  47 

Schools  exempt  from  provisions  chapter  95 5383  13 

for    illiterates    5607,  5609  63 

give  courses  in  agriculture,  manual  training  and  home  economics 5563,  5564  51 

for  negroes  separate  5538  46 

separate  for  each  race 5538  46 

no  discrimination  because  of  race 5538  46 

under   district   superintendent   5431  24 

visited  by   county  superintendent 5434  24 

Second   grade  teachers   5494,  5646  36,  69 

Secretary  of  state,   member  of  board 5384  13 

Secretary  to   county  board 5438  25 

state    board    5386  14 

Security  for  loans   5674  76 

Smith-Hughes   vocational   educational   act,    provisions   accepted 5502  39 

Separate  schools   for  Indians,   certain   counties 5546,  5551  48 

Separation  of  races  5538  46 

Sheriffs  liability  for  failure  to  settle  school  tax 5500  38 

Six-months  term,  special  tax  for 5485,  5486  33,  34 

Special  county  levy  for  incidentals  and  buildings 5487  34 

for  six-months   term   . 5485  33 

Special  county  school  tax  5505  39 

levy  and  collection  5507  40 

rate     5505  39 

reduced    5483  33 

Special  chartered  districts,  chapter  95  does  not  apply 5383  13 

Special  days  observed  in  public  schools 5543,  5545  47 

Special  tax  apportionment  5536  46 

county    5505  39 

credits  for  tax  of  nonresidents 5477  31 

district  abolished   5531,  5532,  5533  45 

boundaries   changed  5474  31 

committee  appointed  5536  46 

consolidated    5474  31 

created  portions  of  contiguous  counties 5529  44 

election,    expense    5527  44 

enlarged    5530  44 

how   formed   5526  43 

kindergartens     5602  62 

funds   credited  to  school   committee 5514,  5536  41,  46 

in  cities  and  towns 5519,  5523  42 

in   school   districts   5526  43 

tax  increased  5535  45 

levy   restored   5534  45 

must  be  levied  for  six-months  school  term 5485,  5486  33,  34 

township   high   school  5511  40 

Spelling  taught  5541  47 

State  and  federal   cooperation   in  vocational  education 5502 

State   appropriation   for  libraries 5627  66 

rural  recreation  work  5632  67 

schools  ...                             5482  57 


136  INDEX 

Section  Page 

State  association  meetings  5486  24 

State  board  of  education 5384  13 

accounts  of,  state  treasurer  keeps 5390  14 

corporate  powers  5334 

expenses    5386  14 

investments    5339  14 

makes  compulsory  attendance  rules 5759  96 

makes  schoolhouse  loans  5671  75 

meetings   ]  5386  14 

officers 5386  14 

powers  of  5334  13 

proceedings   kept   5337  14 

quorum    5386  14 

record  of  proceedings  5387  14 

reports  to  general  assembly !™"™!!"!!™"  5388  14 

succeeds  to  literary  fund  ._ 5385  13 

state  board,  lands,  statute  of  limitation  not  to  apply    (see  consolidated  statutes). 

State  board  of  examiners  and  institute  conductors 5633  67 

State  board  for  vocational  education 5393  15 

approves  course  of  study  farm-life  schools !™"""".""...."  5567  52 

created    5393  15 

cooperation,  county  authorities  5396  16 

funds    ---»--: 5396  16 

powers  and  duties '. 5394  16 

report  to  governor  5397  16 

state  certificates   5643  69 

State  literary  fund ."."."!."!!  5480  32 

State  public  school  fund 5480,  5481  32,  33 

amount  certified  to  state  board *....'..'..'.".'.".  5481  '  33 

appropriations  paid,   how  5484  33 

apportionment    5482  83 

not  to  pay  salaries  of  teachers  receiving  other  state  funds 5482  38 

State  superintendent  and  board  of  health  make  rules  for  physical  examina- 
tion of  school  children  5747  94 

State  superintendent  public   instruction 5391  14 

appoints  assistants  to  conduct  vocational  education 5395  16 

approves   equipment  of  agricultural  high  school 5592  59 

approves  list  of  library  books 5619  65 

biennial  report  5392  14 

city  schools  report  to 5383  13 

copies  of  papers  5391  14 

enforcement  school  law  by 5392  14 

furnishes  compulsory  attendance  blanks 5760  97 

informs  county  boards  regarding  rural  entertainments 5630  66 

inform  local  authorities  regarding  rental  of  text-books 5739  93 

is  executive  officer  state  board  for  vocational  education 5395  16 

issues  arbor  day  program 5545  48 

member  state  board  5384  13 

office   at   capitol   5391  14 

powers  and  duties  5392  14 

prepares  courses  in  manual  training,  agriculture  and  home  economics....  5556  50 

prints  school  law  5392  14 

provides  rural  entertainments  5629  66 

report  to  include  loan-fund  operations 5392  14 

reports  to  governor  biennially 5392  14 

State  treasurer,  accounts  of  state  board... 5390  14 

borrows  if  necessary  to  pay  appropriation 5484  33 

certifies  the  amount  public  funds  to  state  board 5481  33 

made  treasurer  of  vocational  fund 5504  39 

Subpoenas  issued  5418  22 

Studies   required  5541  47 

Suits,  by  county  board  5417  22 

against  county  boards  of  education 5402,  5417       17,  22 

Superior  court  reviews  action  county  boards 5421  22 

Supervision  of  public  high  schools,  expense  appropriation 5492  36 

of  rural   schools   5492  36 

of  teacher  training  5637  68 

Superintendent  colored  normal  school 5491  36 

Superintendent,  local,   employed  jointly 5431,  5430       23,  24 

Superintendent  public  instruction,   county 5424  23 

not  to  approve  vouchers  of  any  teacher  not  holding  a  certificate 5656  50 

report  to  state  superintendent 5442,  5667       26,  74 

Superintendent  public   instruction,  state 5391  14 

office  at  capitol  5391  14 

copies   of   papers 5391  14 

powers  and  duties  5392  14 

Supplementary    libraries    5624  65 

Supplies   for  schools   5466  29 

T 

Tax  levy,  failure  to  make  misdemeanor 5488  35 

Tax,  liability  of  sheriff  for 5500  38 

lists,  abstracts  furnished  county  board 5499  38 

to  have  separate  columns  for  school  taxes 5498  38 


INDEX  137 

Section  Page 

special  county  5505  39 

for  incidentals  and  buildings 34 

levy  and  collection  5507  40 

special    district   5526 

special  district  and  county  reduced 33 

special  in  districts  containing  cities  and  towns 5523  42 

special  in  cities  and  towns 5519  42 

special,  how  levied  and  collected 5507,5513,5521,5523,5528,560240,41,42 

44,62 

special  for  kindergartens  5602  62 

special  for  township  high  school 40 

special  levy  restored  5534  45 

special  of  nonresidents,  credit  for 5477  31 

special  school  districts  5526  43 

state  public  school  fund 5481  33 

township  high  school  5511  40 

Teachers   5633,5658  67 

advise  with  county  superintendent 5432  24 

age   of   5645  69 

application  must  be  filed  with  county  superintendent. 5662 

assistant  only,  with  third  grade  certificate 5668 

character  may  be  investigated 5412  19 

contracts  : 5467  30 

limitation  on  amount  5665  73 

limitation  on  period  5665 

must  be  filed  with  county  superintendent 5664 

dismissed  by  county  board,  how 

dismissed  by  school  committee 5661  73 

duties  of  5666,  5667  73,  74 

employed  by  school  committee 5661  73 

employed  only  at  regular  committee  meetings 5662  73 

employment  to  be  approved  by  county  superintendent 5664 

examination  of  5643,  5659  69,  72 

farm-life  schools,  elected  5581  57 

health  certificate  1 5659,  5660  72 

health  certificate  free 5659  72 

health  certificate  required  5659  72 

how  employed  5661,  5665 

in  farm-life  schools,  certificated 5581  57 

ineligible  to  membership  on  board  of  education 5409  19 

institutes  5638  68 

kindergarten    5603  62 

make  physical  examinations  of  pupils 5748  94 

may  dismiss  pupils 5666  73 

meetings   5435  45 

monthly  report 5667  74 

of  manual  training,  home  economics,  agriculture,  examined 5561  51 

of  temperance  5554  50 

of  public  school  branches  in  private  school,  certificate 5612  64 

physical  examination  record  cards  transmitted  to  state  board  of  health..  5749  94 

receiving  other  state  funds  not  to  receive  state  public  fund 5482  33 

record  census  in  register 5744  94 

records  5667  74 

register  to  be  filed  with  county  superintendent 5667  74 

Teachers,  report  to  county  superintendent 5667  74 

required  to  attend  institute  or  summer  school 5640  68 

required  to  hold  certificate 5644  69 

rules  and  regulations  for 5412  19 

salaries    5494,  5668,  5669  36,  74 

how  paid  5669  74 

maximum  fixed  by  county  board „ 5494  36 

to  be  paid  promptly 5669  74 

salary  fund  basis  of  estimate 5494  36 

fund,  to  be  used  for  no  other  purpose 5493  36 

salary  voucher,  when  valid 5668  74 

suspended,  how  5432  24 

to  maintain  order  and  encourage  virtue 5666  73 

to  use  only  adopted  books 5701  82 

training  5637  68 

appropriation  for  5492  36 

in  high  schools  5639  68 

with  second  grade  certificates,  maximum  salary  $45  a  month 5668  74 

Teaching  by   county  superintendent   5426  23 

Temperance  instruction  5552  49 

Term  of  office,  county  superintendent 5424  23 

members   of  board  of  education 5404  18 

school    committee   5458  29 

Term  of  school  continuous 5668  74 

each   race  equal   553g  45 

six-months  in  each  district   (see  sec.  3,  art.  IX,  of  the  Constitution) 3 

Terms  of  loans  for  schoolhouses 5673  76 

Text-books,    adoption    5691,  5721  80 

commission     5691,  5721  80 

for   indigent   children   5737  92 

may  be  furnished  by  school  boards 5735,  5739  92 


138  INDEX 

Section        Page 

on  fire  prevention  5542  47 

on   temperance   5554  50 

rental,   limitation  _ 5738 

subcommission     5691,  5721  80 

Time  for  opening  and  closing  public  schools 

Township   accounts   5449  27 

Township  high  school  committee 5515  41 

tax    5511,5518  40 

Township   lines,   special-tax  election 5526 

Treasurer,  all  orders  must  be  signed  by  county  superintendent 5450 

made  treasurer  of  school  fund 5444  26- 

office  days  5450  27 

report  examined  5411 

renders  account  to  state  board 5390  14 

state  board  5390  14 

Tuition   credits   5477 

Tuition  may  be  charged  for  orphanage  children  after  six  months 5606 

Tuition,  special  tax  of  nonresidents  to  apply  on 

Training  of  teachers  of  temperance 50 

Transfer  of  persons  living  contiguous  to  special-tax  district 

Transportation   of   pupils   

Treasurer  county  school  fund 5444,  5456 

account  with  each  township  and  district 

action  on  bond  of 5446 

annual   report  

duties  on  expiration  of  term 

exhibits  books  to  county  board 5453 

failure  to   report  5456 

handles  farm-life  school  bond  funds 5574 

keeps  account  of  receipts  

keeps  school  funds  separate  from  other  funds 

office  if  abolished,  banks  report 

pays  orders  each  month _ 

proceeds  sale  of  school  property 

receives   and   disburses   school   funds 

receives  only  money  

reports  to  county  board 5452 

reports  to  county  board  of  education  and  school  committee 5449 

settlement     5411 

Treasurer  vocational  education  funds 5504 

Treatment  of  physically  defective  pupils,  expenses 

Trustees  city  school,  lease  of  school  property 5465 

U 
Uniform  system  public  schools 5537  46 

V 

Vacancies,  board  of  examiners 5633  67 

county  board   of   education 5407,  5408 

county  superintendency  

denned  5406 

filled   ........ .....""!"!!."."." 5408  18 

school"  c^mVtte^""!!""""!"""!"""""""!"....!.! '.'". 5460 

Valuation  of  property,   certified  to  tax  commission 

Visiting   school    required   

Vocational    education    

act,  federal  aid  accepted 

appropriation    

board  reports  to  governor 5397 

cooperation  with  state  board,   county  authorities 

board    created    

executive  officer,   state  superintendent 

funds    5396 

fund,   how   used   5503,  5504 

fund,   treasurer  of 5504 

Vouchers  signed  by  committeemen 5450 

W 

Warrants  for  loans  issued  by  state  auditor 5671 

Witness   failing  to  testify  misdemeanor 

Witnesses    subpoenaed    5418 

Women   on   school   boards 5539 

Writing  to  be  taught 

Y 
Year,  school,  length  of   (see  constitution,  art.  IX,  sec.  3) 3 


INDEX  139 
INDEX  TO  RULINGS 

Section  Page 

Committee  and  trustees Ill  108 

Compulsory  school  law A  104 

County  board  of  education I  104 

County  superintendent II  107 

Libraries VIII  116 

Loans _ VIII  116 

Miscellaneous XII  121 

Patrons  and  pupils V  111 

School  districts VI  113 

School  funds ".". ""."..„.".".". ".".  IX  116 

School  property XI  119 

Special-tax  district _ X  118 

Teachers „ IV  109 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  5O  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


NOV    2l  193' 


LD  21-95m-7,'37 


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